110 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Pearson v. Callahan
555 U.S. 223 (2009) Cited 22,534 times 8 Legal Analyses
Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,264 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 67,197 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 24,178 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 4,953 times 1 Legal Analyses
Holding that, in determining whether a dispute about a material fact is "genuine," the trial court must not weigh the evidence and instead must draw all reasonable inference in the nonmoving party's favor
Mullenix v. Luna
577 U.S. 7 (2015) Cited 4,021 times 5 Legal Analyses
Holding our court erred in our extrapolation of Garner to new facts
Hope v. Pelzer
536 U.S. 730 (2002) Cited 7,406 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 4,603 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 487,542 times 692 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 346,412 times 923 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 328,986 times 158 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 156,480 times 194 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 69,154 times 122 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 37,910 times 237 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 34,472 times 152 Legal Analyses
Permitting court to cite to unpublished federal judicial opinions
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,056 times 23 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 21,805 times 43 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)
Section Amendment IV - Search and Seizure
U.S. Const. amend. IV Cited 26,736 times 2 Legal Analyses
Recognizing that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

Johns et al v. Lara et al

110 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 complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

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, in determining whether a dispute about a material fact is "genuine," the trial court must not weigh the evidence and instead must draw all reasonable inference in the nonmoving party's favor

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

Permitting court to cite to unpublished federal judicial opinions

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)