42 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,278 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,103 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,003 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 25,842 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
McNeil v. United States
508 U.S. 106 (1993) Cited 6,699 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Ali v. Fed. Bureau of Prisons
552 U.S. 214 (2008) Cited 753 times 2 Legal Analyses
Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
Brenner v. L. 514, Un. Broth. of Carpenters
927 F.2d 1283 (3d Cir. 1991) Cited 1,015 times
Holding “[i]t is well established that failure to raise an issue in the district court constitutes a waiver of the argument” unless certain “extraordinary circumstances” exist
Kosak v. United States
465 U.S. 848 (1984) Cited 329 times
Holding that “detention” encompasses claims resulting from negligent handling or storage
Gray v. York Newspapers, Inc.
957 F.2d 1070 (3d Cir. 1992) Cited 850 times
Holding seniority — or the length of time one has held a job — as a distinct factor from age
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 345,805 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
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1915 - Proceedings in forma pauperis
28 U.S.C. § 1915 Cited 288,996 times 38 Legal Analyses
Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,750 times 138 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Rule 32.1 - Citing Judicial Dispositions
Fed. R. App. P. 32.1 Cited 34,417 times 152 Legal Analyses
Permitting court to cite to unpublished federal judicial opinions
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,035 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,368 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,679 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,331 times 300 Legal Analyses
Making false statements
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,074 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement

Torkington v. Olsewski et al

42 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

Holding “[i]t is well established that failure to raise an issue in the district court constitutes a waiver of the argument” unless certain “extraordinary circumstances” exist

Holding that “detention” encompasses claims resulting from negligent handling or storage

Holding seniority — or the length of time one has held a job — as a distinct factor from age

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Permitting court to cite to unpublished federal judicial opinions

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Making false statements

Setting forth FTCA's administrative exhaustion requirement