138 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,260 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 29,233 times 25 Legal Analyses
Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 31,499 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 19,212 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 8,706 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 16,683 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 15,423 times 6 Legal Analyses
Holding that an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"
Christopher v. Harbury
536 U.S. 403 (2002) Cited 5,088 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 4,487 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 345,981 times 922 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 80,454 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 69,012 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 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,824 times 197 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 21,459 times 139 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 10,508 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 6,973 times 28 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 1,542 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 1,293 times 2 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 2339A - Providing material support to terrorists
18 U.S.C. § 2339A Cited 486 times 4 Legal Analyses
Defining “ ‘material support or resources' ” as “any property, tangible or intangible ”

Lebron et al v. Rumsfeld et al

138 Cited authorities

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 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 court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence

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 an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"

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"

Defining “ ‘material support or resources' ” as “any property, tangible or intangible ”