§Why CasetextPricing

Majid v. Federal Bureau of Investigation et al

MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment

84 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,520 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,488 times   364 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' "

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,930 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  4. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,923 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  5. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,646 times   11 Legal Analyses
    Holding that, where a video- whose authenticity the plaintiff hadn't attacked-"so utterly discredited" the plaintiff's version of events, "the Court of Appeals should not have relied on such visible fiction [as the plaintiff's testimony]; it should have viewed the facts in the light depicted by the videotape."

  6. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,878 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  7. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,260 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  8. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 6,968 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"

  9. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,671 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  10. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,447 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  11. 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 344,565 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,071 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,937 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,495 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,164 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  16. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 23,982 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  17. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,056 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  18. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,536 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  19. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,321 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

  20. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,420 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  21. Section 16.96 - Exemption of Federal Bureau of Investigation Systems-limited access

    28 C.F.R. § 16.96   Cited 70 times
    Exempting the FBI's Central Records System from the Privacy Act