96 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,611 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,801 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 23,321 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"
  4. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 69,481 times   15 Legal Analyses
    Holding that "local governments] . . . are 'persons'" for purposes of 42 U.S.C. § 1983
  5. Graham v. Connor

    490 U.S. 386 (1989)   Cited 26,100 times   26 Legal Analyses
    Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
  6. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 12,883 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution
  7. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,916 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"
  8. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,972 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"
  9. Baker v. McCollan

    443 U.S. 137 (1979)   Cited 9,314 times   4 Legal Analyses
    Holding a claim under § 1983 cannot be based on a violation of state law
  10. Imbler v. Pachtman

    424 U.S. 409 (1976)   Cited 10,958 times   5 Legal Analyses
    Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 502,970 times   706 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 359,077 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,721 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,451 times   81 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. Section Amendment IV - Search and Seizure

    U.S. Const. amend. IV   Cited 27,705 times   2 Legal Analyses
    Recognizing “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”
  16. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 20,343 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  17. Section 1986 - Action for neglect to prevent

    42 U.S.C. § 1986   Cited 5,286 times   2 Legal Analyses
    Setting a 1-year statute of limitations
  18. Section 41.031 - Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment

    Nev. Rev. Stat. § 41.031   Cited 398 times   1 Legal Analyses
    Allowing state law tort and contract claims against the state and its subdivisions
  19. Section 41.036 - Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners

    Nev. Rev. Stat. § 41.036   Cited 50 times

    1. Each person who has a claim against the State or any of its agencies arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the Attorney General. 2. Each person who has a claim against any political subdivision of the State arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision. 3. The filing of a claim in tort against the State or a political subdivision

  20. Section Amendment III - Quartering Soldiers

    U.S. Const. amend. III   Cited 35 times
    Protecting "any house"