56 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,482 times 366 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' "
Pearson v. Callahan
555 U.S. 223 (2009) Cited 22,613 times 8 Legal Analyses
Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
Heck v. Humphrey
512 U.S. 477 (1994) Cited 29,406 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
Porter v. Nussle
534 U.S. 516 (2002) Cited 13,932 times 2 Legal Analyses
Holding that a state prisoner must exhaust administrative remedies before filing a complaint
Booth v. Churner
532 U.S. 731 (2001) Cited 11,135 times 2 Legal Analyses
Holding that prisoner had to exhaust available administrative procedures even though they could not result in the relief he sought, namely damages
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 31,577 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"
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,057 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"
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 25,969 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
Mireles v. Waco
502 U.S. 9 (1991) Cited 7,248 times 1 Legal Analyses
Holding that judges retain their immunity from suit when they are accused of acting maliciously or corruptly
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,623 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,606 times 693 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 347,976 times 926 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 157,313 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 80,864 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 69,621 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 1997e - Suits by prisoners
42 U.S.C. § 1997e Cited 54,033 times 20 Legal Analyses
Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,009 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,238 times 52 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 2243 - Issuance of writ; return; hearing; decision
28 U.S.C. § 2243 Cited 9,889 times 5 Legal Analyses
In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.
Section 4001 - Limitation on detention; control of prisons
18 U.S.C. § 4001 Cited 247 times 2 Legal Analyses
Forbidding the imprisonment or detention by the United States of any citizen absent an Act of Congress
Section 542.10 - Purpose and scope
28 C.F.R. § 542.10 Cited 2,971 times 1 Legal Analyses
Explaining ARP as providing "a process through which inmates may seek formal review of an issue which relates to any aspect of their confinement"

Miller et al v. Heineman et al

56 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 that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

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 a state prisoner must exhaust administrative remedies before filing a complaint

Holding that prisoner had to exhaust available administrative procedures even though they could not result in the relief he sought, namely damages

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 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"

Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding that judges retain their immunity from suit when they are accused of acting maliciously or corruptly

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

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. . . ."

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

Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court

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

Recognizing that transfer is proper to any district or division in which the action could have been brought

In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.

Forbidding the imprisonment or detention by the United States of any citizen absent an Act of Congress

Explaining ARP as providing "a process through which inmates may seek formal review of an issue which relates to any aspect of their confinement"