30 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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 266,461 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' "
Farmer v. Brennan
511 U.S. 825 (1994) Cited 55,521 times 18 Legal Analyses
Holding that the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 67,055 times 15 Legal Analyses
Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983
Helling v. McKinney
509 U.S. 25 (1993) Cited 7,607 times 4 Legal Analyses
Holding that prospective harm, defined as that which is "sure or very likely to cause serious illness and needless suffering" to an inmate in the future, can be the basis for an Eighth Amendment claim even if the inmate has "no serious current symptoms"
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 6,532 times
Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process
Arista Records v. Doe 3
604 F.3d 110 (2d Cir. 2010) Cited 2,760 times 1 Legal Analyses
Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"
Colon v. Coughlin
58 F.3d 865 (2d Cir. 1995) Cited 3,658 times 4 Legal Analyses
Holding that a verified complaint is treated as an affidavit for summary judgment purposes and "considered in determining whether material issues of fact exist"
Grullon v. City of New Haven
720 F.3d 133 (2d Cir. 2013) Cited 1,351 times
Holding that a prisoner's letter of complaint sent to a prison warden "at an appropriate address and by appropriate means" would suffice to state facts plausibly suggesting personal involvement
Hayes v. New York Department of Corrections
84 F.3d 614 (2d Cir. 1996) Cited 1,440 times
Holding that a district court “should not weigh evidence or assess the credibility of witnesses” in reviewing a motion for summary judgment
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,625 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 345,715 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,116 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 15601 - Transferred
42 U.S.C. § 15601 Cited 418 times 1 Legal Analyses
Finding that sexual abuse in prison results in higher rates of suicide, post-traumatic stress disorder, depression, HIV, AIDS, tuberculosis, recidivism, and violent crime, among other things

Manning v. Griffin et al

30 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 the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."

Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

Holding that prospective harm, defined as that which is "sure or very likely to cause serious illness and needless suffering" to an inmate in the future, can be the basis for an Eighth Amendment claim even if the inmate has "no serious current symptoms"

Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

Holding that a verified complaint is treated as an affidavit for summary judgment purposes and "considered in determining whether material issues of fact exist"

Holding that a prisoner's letter of complaint sent to a prison warden "at an appropriate address and by appropriate means" would suffice to state facts plausibly suggesting personal involvement

Holding that a district court “should not weigh evidence or assess the credibility of witnesses” in reviewing a motion for summary judgment

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that sexual abuse in prison results in higher rates of suicide, post-traumatic stress disorder, depression, HIV, AIDS, tuberculosis, recidivism, and violent crime, among other things