34 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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
Paul v. Davis
424 U.S. 693 (1976) Cited 5,452 times 7 Legal Analyses
Holding that a privacy-based defamation claim, standing alone, is not actionable in a § 1983 suit
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,242 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Brodheim v. Cry
584 F.3d 1262 (9th Cir. 2009) Cited 2,646 times
Holding that a "mere threat of harm can be an adverse action" if issued in retaliation for a prisoner's use of grievance procedures
Hughes v. Pair
46 Cal.4th 1035 (Cal. 2009) Cited 958 times 4 Legal Analyses
Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress
Mycogen Corporation v. Monsanto Company
28 Cal.4th 888 (Cal. 2002) Cited 822 times
Holding that a judgment granting declaratory relief and decreeing specific performance barred, under claim preclusion, a subsequent suit for damages
Christensen v. Superior Court
54 Cal.3d 868 (Cal. 1991) Cited 683 times 1 Legal Analyses
Holding that defendants owed duty to close family members for whose benefit funeral services were intended to avoid mishandling decedent's remains
Garmon v. Cnty. of L.A.
828 F.3d 837 (9th Cir. 2016) Cited 284 times
Holding that § 1983 plaintiffs must establish that a municipal policy or actions by a final policymaker pursuant to a municipal policy caused their injury
Gillan v. City of San Mario
147 Cal.App.4th 1033 (Cal. Ct. App. 2007) Cited 290 times
Holding that police officers were not immune to suit under section 820.2 for a false arrest claim
Burgess v. Superior Court
2 Cal.4th 1064 (Cal. 1992) Cited 417 times
Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,625 times 688 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 345,715 times 922 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 156,116 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 821.6 - Instituting or prosecuting proceeding within scope of employment
Cal. Gov. Code § 821.6 Cited 624 times
Stating that public employees are not liable for injury caused by instituting or prosecuting any judicial or administrative proceeding within the scope of their employment

Huskins et al. v. City of Vallejo et al.

34 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a privacy-based defamation claim, standing alone, is not actionable in a § 1983 suit

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

Holding that a "mere threat of harm can be an adverse action" if issued in retaliation for a prisoner's use of grievance procedures

Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

Holding that a judgment granting declaratory relief and decreeing specific performance barred, under claim preclusion, a subsequent suit for damages

Holding that defendants owed duty to close family members for whose benefit funeral services were intended to avoid mishandling decedent's remains

Holding that § 1983 plaintiffs must establish that a municipal policy or actions by a final policymaker pursuant to a municipal policy caused their injury

Holding that police officers were not immune to suit under section 820.2 for a false arrest claim

Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

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. . . ."

Stating that public employees are not liable for injury caused by instituting or prosecuting any judicial or administrative proceeding within the scope of their employment