24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Pearson v. Callahan
555 U.S. 223 (2009) Cited 23,252 times 8 Legal Analyses
Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
Ashcroft v. Al-Kidd
563 U.S. 731 (2011) Cited 9,400 times 9 Legal Analyses
Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"
Tolan v. Cotton
572 U.S. 650 (2014) Cited 5,258 times 1 Legal Analyses
Holding that it was error to construe plaintiff's words as a threat because "a jury could well have concluded that a reasonable officer would have heard ['Get your fucking hands off my mom'] not as a threat, but as a son's plea" (cleaned up)
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 32,052 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"
Anderson v. Creighton
483 U.S. 635 (1987) Cited 15,700 times 6 Legal Analyses
Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"
Malley v. Briggs
475 U.S. 335 (1986) Cited 9,414 times 5 Legal Analyses
Holding a right is not clearly established if reasonable officers could disagree over it
Brosseau v. Haugen
543 U.S. 194 (2004) Cited 3,601 times 4 Legal Analyses
Holding a vehicle was a threat when it was driven in a manner indicating a willful disregard for the lives of others
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,896 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 501,343 times 705 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 113,740 times 200 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,431 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,283 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Desoto v. Mckay

24 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"

Holding that it was error to construe plaintiff's words as a threat because "a jury could well have concluded that a reasonable officer would have heard ['Get your fucking hands off my mom'] not as a threat, but as a son's plea" (cleaned up)

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"

Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"

Holding a right is not clearly established if reasonable officers could disagree over it

Holding a vehicle was a threat when it was driven in a manner indicating a willful disregard for the lives of others

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that such dismissal "operates as an adjudication on the merits"

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion