Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 times 279 Legal AnalysesHolding 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 266,313 times 365 Legal AnalysesHolding 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' "
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,104 timesHolding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
Pennhurst State School Hosp. v. Halderman
465 U.S. 89 (1984) Cited 13,425 times 8 Legal AnalysesHolding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"
Hafer v. Melo
502 U.S. 21 (1991) Cited 7,413 times 2 Legal AnalysesHolding that state officials may be sued under § 1983 in their personal capacity for damages caused by actions taken by them in their official capacities
Welch v. Texas Highways Public Transp. Dept
483 U.S. 468 (1987) Cited 877 times 1 Legal AnalysesHolding that the Jones Act does not abrogate the States' Eleventh Amendment immunity
Cuvillier v. Taylor
503 F.3d 397 (5th Cir. 2007) Cited 1,374 timesHolding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)
Johnson v. Rodriguez
110 F.3d 299 (5th Cir. 1997) Cited 1,231 timesHolding that secondary legal activity not protected by constitution
Woods v. Smith
60 F.3d 1161 (5th Cir. 1995) Cited 1,284 timesHolding it is unconstitutional for a prison official to retaliate against an inmate for filing a grievance
City of Clinton, Ark. v. Pilgrim's Pride Corp.
632 F.3d 148 (5th Cir. 2010) Cited 572 timesNoting that federal pleading rules apply in diversity cases
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,409 times 688 Legal AnalysesHolding 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 345,529 times 922 Legal AnalysesGranting 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 156,008 times 193 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 242 - Deprivation of rights under color of law
18 U.S.C. § 242 Cited 3,823 times 8 Legal AnalysesNoting that "if bodily injury results from the acts committed in violation of this section," the defendant "shall be fined under this title or imprisoned not more than ten years, or both"
Section 101.106 - Election of Remedies
Tex. Civ. Prac. & Rem. Code § 101.106 Cited 898 times 3 Legal AnalysesGranting governmental immunity to state officials who act "within the general scope of [their] employment"
Section 39.03 - Official Oppression
Tex. Pen. Code § 39.03 Cited 115 timesProviding that " public servant acting under color of [her] office or employment commits an offense if [she] ... intentionally subjects another to ... search [or] seizure ... that [she] knows is unlawful ...."
Section 39.04 - Violations of the Civil Rights of Person in Custody; Improper Sexual Activity With Person in Custody or Under Supervision
Tex. Pen. Code § 39.04 Cited 28 timesIncreasing the penalty for the offenses in this category effective January 1, 2021