87 Cited authorities

  1. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,440 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."
  2. Sandin v. Conner

    515 U.S. 472 (1995)   Cited 18,935 times   8 Legal Analyses
    Holding that liberty interests requiring procedural due process are limited to freedom from restraints that impose "atypical and significant hardship" as compared to ordinary prison life
  3. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,873 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  4. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,652 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  5. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 15,616 times   6 Legal Analyses
    Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"
  6. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,917 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"
  7. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,178 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  8. Turner v. Safley

    482 U.S. 78 (1987)   Cited 10,339 times   11 Legal Analyses
    Holding a regulation unconstitutional after noting that the prison "pointed to nothing in the record suggesting" the existence of a rational connection between the regulation and the asserted government interest and that "[c]ommon sense likewise suggests that there is no [such] connection"
  9. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 26,265 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
  10. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,881 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
  11. 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
  12. 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
  13. 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
  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,350 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  15. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,779 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  16. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,200 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  17. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,417 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  18. Section 3613 - Civil remedies for satisfaction of an unpaid fine

    18 U.S.C. § 3613   Cited 5,327 times   3 Legal Analyses
    Granting the United States the power to enforce restitution "in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law ."
  19. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,677 times   68 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706
  20. Section 1997 - Definitions

    42 U.S.C. § 1997   Cited 2,484 times   2 Legal Analyses
    Requiring exhaustion of "such administrative remedies as are available"
  21. Section 542.10 - Purpose and scope

    28 C.F.R. § 542.10   Cited 3,068 times   1 Legal Analyses
    Explaining ARP as providing "a process through which inmates may seek formal review of an issue which relates to any aspect of their confinement"
  22. Section 545.11 - Procedures

    28 C.F.R. § 545.11   Cited 451 times
    Mandating these penalties for refusing to participate in the financial responsibility program
  23. Section 545.10 - Purpose and scope

    28 C.F.R. § 545.10   Cited 289 times
    Permitting Bureau of Prisons to determine payment schedules
  24. Section 543.30 - Purpose and scope

    28 C.F.R. § 543.30   Cited 89 times
    Stating that the process for exhaustion of administrative tort claims is set forth in Part 543, not Part 542
  25. Section 543.31 - Presenting a claim

    28 C.F.R. § 543.31   Cited 75 times
    Providing that claims must be mailed or delivered to the BOP regional office of the region where the claim occurred
  26. Section 524.11 - Process for classification and program reviews

    28 C.F.R. § 524.11   Cited 17 times

    (a)When: (1) Newly committed inmates will be classified within 28 calendar days of arrival at the institution designated for service of sentence. (2) Inmates will receive a program review at least once every 180 calendar days. When an inmate is within twelve months of the projected release date, staff will conduct a program review at least once every 90 calendar days. (b)Inmate appearance before classification team: (1) Inmates will be notified at least 48 hours before that inmate's scheduled appearance

  27. Section 524.20 - Purpose and scope

    28 C.F.R. § 524.20

    This subpart establishes procedures for designation, classification, parole, and release of Youth Corrections Act (YCA) inmates. In keeping with court findings, and in accord with the repeal of 18 U.S.C. chapter 402, sections 5011 and 5015(b), all offenders sentenced under the provisions of the YCA presently in custody, those retaken into custody as parole violators, and those yet to be committed (probation violators, appeal bond cases, etc.) may be transferred to or placed in adult institutions