122 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 54,609 times   13 Legal Analyses
    Holding local governments can be liable under § 1983 for customs or policies that result in constitutional deprivations
  4. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 18,879 times
    Holding that while state officials literally are persons, "neither a State nor its officials acting in their official capacities are 'persons' under § 1983"
  5. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 13,575 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"
  6. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 15,205 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"
  7. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 20,343 times   2 Legal Analyses
    Holding that executive branch officers had qualified immunity
  8. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 53,887 times   28 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"
  9. Wilson v. Garcia

    471 U.S. 261 (1985)   Cited 6,991 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
  10. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 13,358 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 397,378 times   581 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 267,561 times   779 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 70,582 times   88 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
  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 33,697 times   186 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  15. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 24,129 times   126 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  16. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 19,054 times   35 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)
  17. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 15,255 times   8 Legal Analyses
    Limiting itself to "any case of conspiracy set forth in this section"
  18. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 8,160 times   13 Legal Analyses
    Explaining that any rule that requires an affidavit, such as Rule 56(e), can be satisfied by an "unsworn declaration . . . or statement, in writing . . . as true under penalty of perjury"
  19. Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit

    28 U.S.C. § 1738   Cited 6,948 times   14 Legal Analyses
    Referring to "[t]he Acts of the legislature" in the full faith and credit context
  20. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 6,835 times   14 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