138 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,112 times 369 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
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,549 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."
Heck v. Humphrey
512 U.S. 477 (1994) Cited 30,116 times 25 Legal Analyses
Holding that a Section 1983 plaintiff may not seek damages for an allegedly unconstitutional conviction or sentence unless the conviction or sentence has been invalidated
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 32,076 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"
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,882 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"
County of Sacramento v. Lewis
523 U.S. 833 (1998) Cited 8,964 times 7 Legal Analyses
Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,303 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Anderson v. Creighton
483 U.S. 635 (1987) Cited 15,713 times 6 Legal Analyses
Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"
Christopher v. Harbury
536 U.S. 403 (2002) Cited 5,222 times
Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad
Rumsfeld v. Padilla
542 U.S. 426 (2004) Cited 4,649 times 3 Legal Analyses
Holding that jurisdiction under § 2241(b) lies only in the district of confinement
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 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 82,904 times 55 Legal Analyses
Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 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 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,884 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,845 times 143 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 11,007 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 8 - Powers of Congress
U.S. Const. art. I, § 8 Cited 7,070 times 34 Legal Analyses
Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”
Section 2000bb - Congressional findings and declaration of purposes
42 U.S.C. § 2000bb Cited 1,571 times 18 Legal Analyses
Finding that in Smith, "the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion"
Section 2 - Powers and Duties of the President
U.S. Const. art. II, § 2 Cited 1,319 times 7 Legal Analyses
Granting to the President authority to "make Treaties" and "appoint Ambassadors" and serve as "Commander in Chief of the Army and Navy of the United States"
Section 956 - Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country
18 U.S.C. § 956 Cited 522 times
Imposing punishment where a conspirator "commits an act within the jurisdiction of the United States to effect any object of the conspiracy"

Lebron et al v. Rumsfeld et al

138 Cited authorities

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 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 a Section 1983 plaintiff may not seek damages for an allegedly unconstitutional conviction or sentence unless the conviction or sentence has been invalidated

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"

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"

Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"

Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad

Holding that jurisdiction under § 2241(b) lies only in the district of confinement

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

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

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Requiring proof of an "act to effect the object of the conspiracy"

Granting federal courts power only to resolve “cases” and “controversies”

Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”

Finding that in Smith, "the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion"

Granting to the President authority to "make Treaties" and "appoint Ambassadors" and serve as "Commander in Chief of the Army and Navy of the United States"

Imposing punishment where a conspirator "commits an act within the jurisdiction of the United States to effect any object of the conspiracy"