59 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 times 280 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
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 31,602 times 11 Legal Analyses
Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
Hope v. Pelzer
536 U.S. 730 (2002) Cited 7,443 times 3 Legal Analyses
Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment
Younger v. Harris
401 U.S. 37 (1971) Cited 16,864 times 14 Legal Analyses
Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,557 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Imbler v. Pachtman
424 U.S. 409 (1976) Cited 10,687 times 5 Legal Analyses
Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"
Buckley v. Fitzsimmons
509 U.S. 259 (1993) Cited 4,130 times
Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"
Verizon Maryland Inc. v. Public Service Commission
535 U.S. 635 (2002) Cited 2,209 times 1 Legal Analyses
Holding that "even if [47 U. S. C] § 252(e) does not confer jurisdiction, it at least does not divest the district courts of their authority under 28 U. S. C. § 1331 to review the Commission's order for compliance with federal law"
Burns v. Reed
500 U.S. 478 (1991) Cited 3,016 times
Holding that because prosecutors were absolutely immune for eliciting false testimony from witnesses in court at common law, contemporary prosecutors are absolutely immune for eliciting misleading witness testimony during probable cause hearings
Kamp v. Goldstein
555 U.S. 335 (2009) Cited 1,439 times 1 Legal Analyses
Holding absolute prosecutorial immunity applies to a claim that a prosecutor's "supervision, training, or information-system management was constitutionally inadequate"
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2703 - Required disclosure of customer communications or records
18 U.S.C. § 2703 Cited 1,214 times 100 Legal Analyses
Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
Section 2707 - Civil action
18 U.S.C. § 2707 Cited 458 times 19 Legal Analyses
Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"
Section 2711 - Definitions for chapter
18 U.S.C. § 2711 Cited 188 times 14 Legal Analyses
Adopting terms defined in 18 U.S.C. § 2510
Section 3127 - Definitions for chapter
18 U.S.C. § 3127 Cited 98 times 1 Legal Analyses
Defining pen register
Section 967.02 - Words and phrases defined
Wis. Stat. § 967.02 Cited 14 times 2 Legal Analyses
Defining "court" as "the circuit court unless otherwise indicated"
Section 968.375 - Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider
Wis. Stat. § 968.375 Cited 11 times 1 Legal Analyses
Providing that a "judge" can issue a search warrant for electronic information upon a showing of probable cause

The John K. Maciver Institute For Public Policy, Inc. v. Schmitz, Francis et al

59 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 public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment

Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"

Holding that "even if [47 U. S. C] § 252(e) does not confer jurisdiction, it at least does not divest the district courts of their authority under 28 U. S. C. § 1331 to review the Commission's order for compliance with federal law"

Holding that because prosecutors were absolutely immune for eliciting false testimony from witnesses in court at common law, contemporary prosecutors are absolutely immune for eliciting misleading witness testimony during probable cause hearings

Holding absolute prosecutorial immunity applies to a claim that a prosecutor's "supervision, training, or information-system management was constitutionally inadequate"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"

Adopting terms defined in 18 U.S.C. § 2510

Defining pen register

Defining "court" as "the circuit court unless otherwise indicated"

Providing that a "judge" can issue a search warrant for electronic information upon a showing of probable cause