44 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,852 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"
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,248 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 26,443 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
Lane v. Pena
518 U.S. 187 (1996) Cited 1,921 times
Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"
Davis v. Passman
442 U.S. 228 (1979) Cited 3,092 times 2 Legal Analyses
Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,394 times
Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 4,140 times
Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
U.S. v. Olson
546 U.S. 43 (2005) Cited 382 times 1 Legal Analyses
Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party
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 357,835 times 950 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 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 64,200 times 79 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"
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,468 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,582 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,810 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,308 times 57 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 2674 - Liability of United States
28 U.S.C. § 2674 Cited 4,547 times 2 Legal Analyses
Specifying scope of United States' liability
Section 12-301 - Limitation of time for bringing actions
D.C. Code § 12-301 Cited 915 times 3 Legal Analyses
Imposing a three-year statute of limitations on actions "for the recovery of personal property"
Section 511 - Decisions of the Secretary; finality
38 U.S.C. § 511 Cited 623 times
Providing that decisions related to the provision of a veteran's benefits "may not be reviewed by any court, whether by an action in the nature of mandamus or otherwise."

Peruta v. Gibson et al

44 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

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"

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 any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex

Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees

Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party

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. . . ."

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Specifying scope of United States' liability

Imposing a three-year statute of limitations on actions "for the recovery of personal property"

Providing that decisions related to the provision of a veteran's benefits "may not be reviewed by any court, whether by an action in the nature of mandamus or otherwise."