36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 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' "
  3. City of Newport v. Fact Concerts, Inc.

    453 U.S. 247 (1981)   Cited 3,091 times   2 Legal Analyses
    Holding that municipalities and other government entities are immune from punitive damages under § 1983
  4. Barren v. Harrington

    152 F.3d 1193 (9th Cir. 1998)   Cited 4,364 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
  5. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,304 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
  6. Bautista v. Los Angeles County

    216 F.3d 837 (9th Cir. 2000)   Cited 1,727 times
    Holding that dismissal for failure to comply with Federal Rules of Civil Procedure is within the court's discretion
  7. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 932 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
  8. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 910 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
  9. 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
  10. Buckley v. Gomez

    36 F. Supp. 2d 1216 (S.D. Cal. 1997)   Cited 108 times
    Holding plaintiff had no rights against a falsified report in his grievance response
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 492,016 times   695 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 349,819 times   936 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,198 times   126 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
  15. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,145 times   251 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  16. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,976 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  17. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,989 times   60 Legal Analyses
    Specifying prohibited activities
  18. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,012 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  19. Section 241 - Conspiracy against rights

    18 U.S.C. § 241   Cited 4,249 times   15 Legal Analyses
    Criminalizing civil-rights violations
  20. Section 242 - Deprivation of rights under color of law

    18 U.S.C. § 242   Cited 3,906 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"