27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 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 280,791 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
Farmer v. Brennan
511 U.S. 825 (1994) Cited 57,836 times 19 Legal Analyses
Holding that the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."
Randall v. Scott
610 F.3d 701 (11th Cir. 2010) Cited 1,824 times 1 Legal Analyses
Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"
Cottone v. Jenne
326 F.3d 1352 (11th Cir. 2003) Cited 1,863 times
Holding that the plaintiffs could not state a claim against the supervisors for failing to train or supervise officers because there were no allegations that the defendants knew about the officers' unconstitutional conduct so they were not on notice of the need to correct or stop it
Marsh v. Butler County
268 F.3d 1014 (11th Cir. 2001) Cited 1,576 times
Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference
Hale v. Tallapoosa County
50 F.3d 1579 (11th Cir. 1995) Cited 1,496 times
Holding that an excessive-inmate-violence claim was viable where the plaintiff only "produced evidence that inmate-on-inmate violence occurred regularly . . . the evidence indicated that the violence was severe."
Thomas v. Bryant
614 F.3d 1288 (11th Cir. 2010) Cited 583 times
Holding that, to obtain injunctive relief, the moving party must show he has prevailed in establishing the violation of the right asserted in his complaint
Resnick v. Avmed, Inc.
693 F.3d 1317 (11th Cir. 2012) Cited 470 times 18 Legal Analyses
Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim
Goodman v. Kimbrough
718 F.3d 1325 (11th Cir. 2013) Cited 437 times
Holding that a failure to conduct a cell check and head count amounted to negligence but could not support a deliberate indifference claim absent evidence that the officers knew of a substantial risk of serious harm
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 507,464 times 709 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 362,607 times 962 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 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,661 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Turner v. Owens et al

27 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 the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."

Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"

Holding that the plaintiffs could not state a claim against the supervisors for failing to train or supervise officers because there were no allegations that the defendants knew about the officers' unconstitutional conduct so they were not on notice of the need to correct or stop it

Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference

Holding that an excessive-inmate-violence claim was viable where the plaintiff only "produced evidence that inmate-on-inmate violence occurred regularly . . . the evidence indicated that the violence was severe."

Holding that, to obtain injunctive relief, the moving party must show he has prevailed in establishing the violation of the right asserted in his complaint

Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim

Holding that a failure to conduct a cell check and head count amounted to negligence but could not support a deliberate indifference claim absent evidence that the officers knew of a substantial risk of serious harm

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 exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion