66 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,413 times   280 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. Triestman v. Federal Bureau of Prisons

    470 F.3d 471 (2d Cir. 2006)   Cited 7,752 times
    Holding that the discretionary function doctrine does not shield a "BOP employee's failure to perform a diligent inspection out of laziness, hastiness, or inattentiveness"
  3. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,389 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
  4. Berkovitz v. United States

    486 U.S. 531 (1988)   Cited 2,041 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"
  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,902 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
  6. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,332 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."
  7. Morton v. Ruiz

    415 U.S. 199 (1974)   Cited 908 times   1 Legal Analyses
    Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”
  8. Accardi v. Shaughnessy

    347 U.S. 260 (1954)   Cited 883 times
    Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation
  9. Zappia Middle East Construction Co. v. Emirate of Abu Dhabi

    215 F.3d 247 (2d Cir. 2000)   Cited 531 times
    Finding that the Abu Dhabi Commercial Bank was not an alter ego of Emirate of Abu Dhabi
  10. Gotha v. U.S.

    115 F.3d 176 (3d Cir. 1997)   Cited 479 times
    Holding that an employee of an independent contractor could bring a suit under the FTCA based on the government's allegedly negligent failure to provide safe access to an office trailer on a naval base
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,580 times   695 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,150 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  13. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,420 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  14. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,710 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 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 662 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.
  16. Section 4103 - Establishment of training programs

    5 U.S.C. § 4103   Cited 3 times

    (a) In order to assist in achieving an agency's mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evaluate a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall- (1) conform to the principles, standards

  17. Section 4118 - Regulations

    5 U.S.C. § 4118   Cited 1 times

    (a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall

  18. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 149 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
  19. Section 287.8 - Standards for enforcement activities

    8 C.F.R. § 287.8   Cited 114 times   1 Legal Analyses
    Limiting use of deadly force
  20. Section 287.1 - Definitions

    8 C.F.R. § 287.1   Cited 91 times   1 Legal Analyses
    Defining “reasonable distance” to mean 100 miles
  21. Section 287.5 - Exercise of power by immigration officers

    8 C.F.R. § 287.5   Cited 55 times
    Defining the training