52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,851 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,669 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,548 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,031 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  5. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,038 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  6. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,384 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
  7. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,178 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
  8. Berkovitz v. United States

    486 U.S. 531 (1988)   Cited 2,040 times   1 Legal Analyses
    Holding that there is no choice to be protected by the discretionary function exception when a "federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow"
  9. Griffin v. Breckenridge

    403 U.S. 88 (1971)   Cited 4,205 times
    Holding that targeting plaintiffs because of their race falls within the core of § 1985
  10. Washington v. Davis

    426 U.S. 229 (1976)   Cited 3,276 times   3 Legal Analyses
    Holding that disparate impact without evidence of discriminatory intent does not violate the Equal Protection Clause
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,883 times   195 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,772 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,472 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,691 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,071 times   24 Legal Analyses
    Granting judicial review of "agency action"
  16. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,253 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  17. Section 52.1 - Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights

    Cal. Civ. Code § 52.1   Cited 2,661 times   5 Legal Analyses
    Stating a person whose state or constitutional rights "ha[ve] been interfered with, or attempted to be interfered with," can bring an action against the alleged perpetrator
  18. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 819 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
  19. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 659 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.
  20. Section 287.7 - Detainer provisions under section 287(d)(3) of the Act

    8 C.F.R. § 287.7   Cited 259 times   5 Legal Analyses
    Stating that detainers serve "the purpose of arresting and removing the alien"
  21. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 148 times   1 Legal Analyses
    Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding
  22. Section 287.12 - Scope

    8 C.F.R. § 287.12   Cited 16 times

    With regard to this part, these regulations provide internal guidance on specific areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of the Department or the Secretary. These regulations do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal