110 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,655 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 284,407 times 370 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 23,807 times 8 Legal Analyses
Holding that, while there is still a two-pronged test, courts of appeals can use their discretion as to which prong to address first
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,768 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."
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 70,830 times 15 Legal Analyses
Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 25,606 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
Tolan v. Cotton
572 U.S. 650 (2014) Cited 5,472 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)
Mullenix v. Luna
577 U.S. 7 (2015) Cited 4,485 times 6 Legal Analyses
Holding our court erred in our extrapolation of Garner to new facts
Hope v. Pelzer
536 U.S. 730 (2002) Cited 7,783 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
Mayle v. Felix
545 U.S. 644 (2005) Cited 4,818 times 2 Legal Analyses
Holding that amendments to habeas petitions relate back under Fed.R.Civ.P. 15(c) where they are “tied to a common core of operative facts” and citing with approval Mandacina v. United States, 328 F.3d 995, 999–1000 (8th Cir.2003) (amended petition alleging failure to disclose a particular report relates back to date of original petition generally alleging Brady violation)
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 512,564 times 718 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 366,773 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 340,020 times 164 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,543 times 198 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 75,112 times 132 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 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 39,174 times 273 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Rule 32.1 - Citing Judicial Dispositions
Fed. R. App. P. 32.1 Cited 36,089 times 152 Legal Analyses
Stating that a court may not prohibit the citation to opinions that have been designated “unpublished” that were issued after January 1, 2007
Section Amendment IV - Search and Seizure
U.S. Const. amend. IV Cited 28,339 times 2 Legal Analyses
Recognizing "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures... [without] probable cause"
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,843 times 24 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 22,352 times 50 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Johns et al v. Lara et al

110 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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, while there is still a two-pronged test, courts of appeals can use their discretion as to which prong to address first

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 "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983

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 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 our court erred in our extrapolation of Garner to new facts

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 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 a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

Granting equal rights to "make and enforce contracts" without regard to race

Stating that a court may not prohibit the citation to opinions that have been designated “unpublished” that were issued after January 1, 2007

Recognizing "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures... [without] probable cause"

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)