77 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,328 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"
  2. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,510 times   8 Legal Analyses
    Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
  3. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,233 times   25 Legal Analyses
    Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence
  4. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,852 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
  5. Demore v. Kim

    538 U.S. 510 (2003)   Cited 1,675 times   13 Legal Analyses
    Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause
  6. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,252 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  7. United States v. Brignoni-Ponce

    422 U.S. 873 (1975)   Cited 3,296 times   14 Legal Analyses
    Holding that it violated the Fourth Amendment to stop and "question [a vehicle's] occupants [about their immigration status] when the only ground for suspicion [was] that the occupants appear[ed] to be of Mexican ancestry"
  8. Wilkie v. Robbins

    551 U.S. 537 (2007)   Cited 839 times   3 Legal Analyses
    Holding that the courts of appeals have jurisdiction to hear interlocutory appeals challenging "the recognition of the entire [ Bivens ] cause of action" in qualified-immunity cases
  9. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,952 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo
  10. Ramming v. U.S.

    281 F.3d 158 (5th Cir. 2001)   Cited 3,363 times
    Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   689 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 345,981 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
  13. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,528 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
  14. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,548 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  15. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,041 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  16. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,351 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  17. 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 "
  18. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,680 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
  19. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,282 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
  20. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,161 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
  21. Section 6027.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 6027.1

    When used in this Part: (a) The term commissioner shall mean the Commissioner of the Division of Criminal Justice Services or his/her designee. (b) The term council shall mean the Security Guard Advisory Council. (c) The term certified security guard instructor or security guard instructor shall mean an individual who meets or exceeds the minimum requirements for security guard instructor certification as set forth in Part 6029 of this Title or the requirements for special security guard instructor