36 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
City of Newport v. Fact Concerts, Inc.
453 U.S. 247 (1981) Cited 3,110 times 2 Legal Analyses
Holding that municipalities and other government entities are immune from punitive damages under § 1983
Barren v. Harrington
152 F.3d 1193 (9th Cir. 1998) Cited 4,411 times
Holding that the standard for failure to state a claim under 28 U.S.C. 1915(e) parallels the standard in Rule 12(b) of the Federal Rules of Civil Procedure
McHenry v. Renne
84 F.3d 1172 (9th Cir. 1996) Cited 4,346 times
Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed
Bautista v. Los Angeles County
216 F.3d 837 (9th Cir. 2000) Cited 1,750 times
Holding that dismissal for failure to comply with Federal Rules of Civil Procedure is within the court's discretion
Byrne v. Nezhat
261 F.3d 1075 (11th Cir. 2001) Cited 937 times 2 Legal Analyses
Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 924 times
Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
Lynn v. Sheet Metal Workers' Intern. Ass'n
804 F.2d 1472 (9th Cir. 1986) Cited 194 times
Holding a dispute as to an immaterial fact does not preclude summary judgment
Buckley v. Gomez
36 F. Supp. 2d 1216 (S.D. Cal. 1997) Cited 109 times
Holding plaintiff had no rights against a falsified report in his grievance response
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 496,982 times 701 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 354,229 times 943 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,401 times 254 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 1985 - Conspiracy to interfere with civil rights
42 U.S.C. § 1985 Cited 20,148 times 10 Legal Analyses
Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,093 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,089 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 241 - Conspiracy against rights
18 U.S.C. § 241 Cited 4,317 times 15 Legal Analyses
Criminalizing civil-rights violations
Section 242 - Deprivation of rights under color of law
18 U.S.C. § 242 Cited 3,986 times 8 Legal Analyses
Noting 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"

Stevanus Edward v. President Obama et al

36 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that municipalities and other government entities are immune from punitive damages under § 1983

Holding that the standard for failure to state a claim under 28 U.S.C. 1915(e) parallels the standard in Rule 12(b) of the Federal Rules of Civil Procedure

Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

Holding that dismissal for failure to comply with Federal Rules of Civil Procedure is within the court's discretion

Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

Holding a dispute as to an immaterial fact does not preclude summary judgment

Holding plaintiff had no rights against a falsified report in his grievance response

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. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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

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

Specifying prohibited activities

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

Criminalizing civil-rights violations

Noting 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"