40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 times 280 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 268,949 times 367 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 22,645 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"
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,303 times 9 Legal Analyses
Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 67,600 times 15 Legal Analyses
Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983
Graham v. Connor
490 U.S. 386 (1989) Cited 25,423 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"
Albright v. Oliver
510 U.S. 266 (1994) Cited 12,500 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
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,353 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"
Mitchell v. Forsyth
472 U.S. 511 (1985) Cited 9,424 times 9 Legal Analyses
Holding that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine
Baker v. McCollan
443 U.S. 137 (1979) Cited 9,092 times 3 Legal Analyses
Holding a claim under § 1983 cannot be based on a violation of state law
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 490,314 times 695 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 348,503 times 930 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 157,606 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 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,961 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,992 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,110 times 42 Legal Analyses
Granting civil remedies for RICO violation

Ross et al v. Balderas et al

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

Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

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

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"

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

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 that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine

Holding a claim under § 1983 cannot be based on a violation of state law

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. . . ."

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Granting civil remedies for RICO violation