27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 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 266,542 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' "
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,127 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
Vaden v. Discover Bank
556 U.S. 49 (2009) Cited 2,333 times 47 Legal Analyses
Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction
Taylor v. List
880 F.2d 1040 (9th Cir. 1989) Cited 9,007 times
Holding that no § 1983 liability exists absent personal participation
Leer v. Murphy
844 F.2d 628 (9th Cir. 1988) Cited 4,190 times
Holding that individual must have acted, participated in an act, or omitted to perform a legally required act resulting in the deprivation of rights in order to be liable under § 1983
Skelly Oil Co. v. Phillips Co.
339 U.S. 667 (1950) Cited 1,868 times 1 Legal Analyses
Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"
Mendocino Environ. Ctr. v. Mendocino Cty
192 F.3d 1283 (9th Cir. 1999) Cited 966 times 1 Legal Analyses
Holding that "the proper inquiry asks whether an official's acts would chill or silence a person of ordinary firmness from future First Amendment activities"
Austin v. Terhune
367 F.3d 1167 (9th Cir. 2004) Cited 723 times
Holding that prisoner stated a First Amendment retaliation claim where he alleged that a guard exposed his genitalia to him and the guard then filed a false disciplinary report against him after he complained
Harris v. Roderick
126 F.3d 1189 (9th Cir. 1997) Cited 813 times
Holding sniper violated clearly established law by shooting unarmed man who made no aggressive move at the time of the shooting
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,730 times 688 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 345,805 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 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,530 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 1985 - Conspiracy to interfere with civil rights
42 U.S.C. § 1985 Cited 19,820 times 10 Legal Analyses
Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
Section 815 - Immunity, defenses available
Cal. Gov. Code § 815 Cited 1,166 times
Conferring immunity upon public entities

Leonard Ward v. California Department of Corrections And Rehabilitation et al

27 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 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 federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction

Holding that no § 1983 liability exists absent personal participation

Holding that individual must have acted, participated in an act, or omitted to perform a legally required act resulting in the deprivation of rights in order to be liable under § 1983

Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"

Holding that "the proper inquiry asks whether an official's acts would chill or silence a person of ordinary firmness from future First Amendment activities"

Holding that prisoner stated a First Amendment retaliation claim where he alleged that a guard exposed his genitalia to him and the guard then filed a false disciplinary report against him after he complained

Holding sniper violated clearly established law by shooting unarmed man who made no aggressive move at the time of the shooting

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

Granting district courts the authority to create a remedy with the force of a final judgment

Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

Conferring immunity upon public entities