28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 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 276,716 times 369 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 64,333 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,164 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,158 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 5,992 times 1 Legal Analyses
Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
Whitney v. State of New Mexico
113 F.3d 1170 (10th Cir. 1997) Cited 3,323 times
Holding that liberal construction of a pro se complaint does not mean a court will "supply additional factual allegations to round out a plaintiff's complaint or construct a legal theory on a plaintiff's behalf"
Gallagher v. Shelton
587 F.3d 1063 (10th Cir. 2009) Cited 1,606 times
Holding allegations of "isolated" violations of religious diet requirements do not state a claim for denial of prisoner's First Amendment free-exercise rights
Kansas Penn Gaming, LLC v. Collins
656 F.3d 1210 (10th Cir. 2011) Cited 1,483 times 1 Legal Analyses
Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss
Trackwell v. U.S.
472 F.3d 1242 (10th Cir. 2007) Cited 1,061 times
Holding that the Supreme Court of the United States is not an "agency" under Section 1361
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 357,835 times 950 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 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,350 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,017 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 633a - Nondiscrimination on account of age in Federal Government employment
29 U.S.C. § 633a Cited 1,301 times 18 Legal Analyses
Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations

Troise v. USAO UT Dist et al

28 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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

Holding that liberal construction of a pro se complaint does not mean a court will "supply additional factual allegations to round out a plaintiff's complaint or construct a legal theory on a plaintiff's behalf"

Holding allegations of "isolated" violations of religious diet requirements do not state a claim for denial of prisoner's First Amendment free-exercise rights

Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss

Holding that the Supreme Court of the United States is not an "agency" under Section 1361

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. . . ."

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations