50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 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' "
  3. Parratt v. Taylor

    451 U.S. 527 (1981)   Cited 10,693 times   6 Legal Analyses
    Holding that a negligent prison official, in mishandling and losing a prisoner's mail, had effectuated a due process violation, but that the state's availability of a postdeprivation tort remedy cured the violation
  4. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,718 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
  5. Printz v. United States

    521 U.S. 898 (1997)   Cited 762 times   17 Legal Analyses
    Holding unconstitutional a statute obligating state law enforcement officers to implement a federal gun-control law
  6. Lazy Y Ranch Ltd. v. Behrens

    546 F.3d 580 (9th Cir. 2008)   Cited 1,322 times   3 Legal Analyses
    Holding that a class-based equal protection claim arises when the "law is applied in a discriminatory manner or imposes different burdens on different classes of people"
  7. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,847 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public
  8. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,412 times   8 Legal Analyses
    Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))
  9. Marder v. Lopez

    450 F.3d 445 (9th Cir. 2006)   Cited 1,015 times   2 Legal Analyses
    Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”
  10. Zelig v. County of Los Angeles

    27 Cal.4th 1112 (Cal. 2002)   Cited 956 times   2 Legal Analyses
    Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 times   688 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 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 815.2 - When public entity liable

    Cal. Gov. Code § 815.2   Cited 1,464 times
    Imposing vicarious liability on public entities for the tortious acts and omissions of their employees
  14. Section 820.2 - Immunity

    Cal. Gov. Code § 820.2   Cited 921 times
    Establishing immunity for discretionary acts
  15. Section 3333 - Breach of obligation not arising from contract

    Cal. Civ. Code § 3333   Cited 746 times
    Defining damages "[f]or the breach of an obligation not arising from contract" as "the amount which will compensate for all the detriment proximately caused thereby ..."
  16. Section 815.6 - Failure to discharge duty imposed by mandatory enactment

    Cal. Gov. Code § 815.6   Cited 608 times   2 Legal Analyses
    Authorizing public entity liability for injuries caused by violations of "a mandatory duty imposed by an enactment that is designed to protect against the risk of particular kind of injury"
  17. Section 1373 - Communication between government agencies and the Immigration and Naturalization Service

    8 U.S.C. § 1373   Cited 128 times   15 Legal Analyses
    Prohibiting federal, state, and local governments from prohibiting or restricting agencies abilities to sending or exchanging information regarding individuals' immigration status
  18. Section 818.2 - Adoption or failure to adopt enactment, failure to enforce law

    Cal. Gov. Code § 818.2   Cited 115 times

    A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law. Ca. Gov. Code § 818.2 Added by Stats. 1963, Ch. 1681.

  19. Section 845.8 - Injuries resulting from parole or release, escape, resisting arrest

    Cal. Gov. Code § 845.8   Cited 114 times
    Explaining that "[n]either a public entity nor a public employee is liable for [a]ny injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release."
  20. Section 846 - Failure to arrest or retain arrested person

    Cal. Gov. Code § 846   Cited 49 times

    Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in custody. Ca. Gov. Code § 846 Added by Stats. 1963, Ch. 1681.