44 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 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 273,590 times 368 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 63,493 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Woodford v. NGO
548 U.S. 81 (2006) Cited 16,468 times 4 Legal Analyses
Holding that § 1997e requires "proper exhaustion"
West v. Atkins
487 U.S. 42 (1988) Cited 35,325 times 1 Legal Analyses
Holding that a state's delegation of its duty to provide medical care to prisoners rendered a contract physician a state actor
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,727 times
Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
Rizzo v. Goode
423 U.S. 362 (1976) Cited 13,492 times
Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,876 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
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,254 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,822 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 496,982 times 701 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 354,229 times 943 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,093 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,089 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,157 times 42 Legal Analyses
Granting civil remedies for RICO violation
Section 1963 - Criminal penalties
18 U.S.C. § 1963 Cited 1,345 times 8 Legal Analyses
Permitting substitution where property forfeitable under § 1963 has been dissipated
Section 415.30 - Mail service
Cal. Code Civ. Proc. § 415.30 Cited 385 times
Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed
Section 44944 - Hearing
Cal. Ed. Code § 44944 Cited 38 times
Applying APA to hearing concerning suspension or dismissal of permanent employee by school district

Jack H. Poster v. Rialto Unified School District et al

44 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 complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that § 1997e requires "proper exhaustion"

Holding that a state's delegation of its duty to provide medical care to prisoners rendered a contract physician a state actor

Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians

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 that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

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 if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Granting civil remedies for RICO violation

Permitting substitution where property forfeitable under § 1963 has been dissipated

Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed

Applying APA to hearing concerning suspension or dismissal of permanent employee by school district