122 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 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 265,756 times 364 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' "
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 66,907 times 15 Legal Analyses
Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,063 times
Holding 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
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,164 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"
Anderson v. Creighton
483 U.S. 635 (1987) Cited 15,397 times 6 Legal Analyses
Holding that an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,266 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,453 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"
Wilson v. Garcia
471 U.S. 261 (1985) Cited 7,600 times 2 Legal Analyses
Holding that the statute of limitations for a Section 1983 claim is borrowed from the state's personal injury statute of limitations
Foman v. Davis
371 U.S. 178 (1962) Cited 28,557 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,542 times 688 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 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,251 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 37,814 times 234 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,837 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,761 times 43 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 1985 - Conspiracy to interfere with civil rights
42 U.S.C. § 1985 Cited 19,782 times 10 Legal Analyses
Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 9,998 times 17 Legal Analyses
Permitting the use of declarations instead
Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit
28 U.S.C. § 1738 Cited 7,515 times 15 Legal Analyses
Referring to "[t]he Acts of the legislature" in the full faith and credit context
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,009 times 19 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Sawabini v. O'Connor Hospital et al

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

Holding 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

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 an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"

Holding that executive branch officers had qualified immunity

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 that the statute of limitations for a Section 1983 claim is borrowed from the state's personal injury statute of limitations

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Granting equal rights to "make and enforce contracts" without regard to race

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

Permitting the use of declarations instead

Referring to "[t]he Acts of the legislature" in the full faith and credit context

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB