32 Cited authorities

Saucier v. Katz
533 U.S. 194 (2001) Cited 20,298 times 9 Legal Analyses
Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
Heck v. Humphrey
512 U.S. 477 (1994) Cited 29,418 times 25 Legal Analyses
Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence
Hope v. Pelzer
536 U.S. 730 (2002) Cited 7,437 times 3 Legal Analyses
Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment
Quackenbush v. Allstate Ins. Co.
517 U.S. 706 (1996) Cited 2,590 times 5 Legal Analyses
Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)
Santobello v. New York
404 U.S. 257 (1971) Cited 4,883 times 7 Legal Analyses
Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"
Houston v. Hill
482 U.S. 451 (1987) Cited 1,349 times 2 Legal Analyses
Holding that the First Amendment does not permit states to “provide the police with unfettered discretion to arrest individuals for words or conduct that annoy or offend them”
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,826 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
Zwickler v. Koota
389 U.S. 241 (1967) Cited 1,009 times
Holding that to abstain and thus "force the plaintiff who has commenced a federal action to suffer the delay of state court proceedings might itself effect the impermissible chilling of the very constitutional right he seeks to protect"
England v. Medical Examiners
375 U.S. 411 (1964) Cited 969 times 1 Legal Analyses
Holding that a party may inform the state court "that he intends, should the state court hold against him on the question of state law, to return to [federal] District Court for disposition of his federal contentions."
Ex Parte Young
209 U.S. 123 (1908) Cited 10,887 times 23 Legal Analyses
Holding that federal courts may enjoin state officials to conform their conduct to federal law
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,827 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Section 2254 - State custody; remedies in Federal courts
28 U.S.C. § 2254 Cited 205,300 times 341 Legal Analyses
Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 10,606 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 70.00 - Sentence of imprisonment for felony
N.Y. Penal Law § 70.00 Cited 1,136 times
Prescribing a maximum sentence of four years for class E felonies
Section 70.45 - Determinate sentence; post-release supervision
N.Y. Penal Law § 70.45 Cited 326 times
Setting period of post release supervision for a determinate sentence as five years

Gabriel et al v. Fischer et al

32 Cited authorities

Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence

Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment

Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)

Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"

Holding that the First Amendment does not permit states to “provide the police with unfettered discretion to arrest individuals for words or conduct that annoy or offend them”

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

Holding that to abstain and thus "force the plaintiff who has commenced a federal action to suffer the delay of state court proceedings might itself effect the impermissible chilling of the very constitutional right he seeks to protect"

Holding that a party may inform the state court "that he intends, should the state court hold against him on the question of state law, to return to [federal] District Court for disposition of his federal contentions."

Holding that federal courts may enjoin state officials to conform their conduct to federal law

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

Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

Granting federal courts power only to resolve “cases” and “controversies”

Prescribing a maximum sentence of four years for class E felonies

Setting period of post release supervision for a determinate sentence as five years