43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,352 times   279 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,138 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,588 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"
  4. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,069 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
  5. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,285 times   9 Legal Analyses
    Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
  6. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,272 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
  7. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,566 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"
  8. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,752 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  9. Mitchell v. Forsyth

    472 U.S. 511 (1985)   Cited 9,415 times   9 Legal Analyses
    Holding that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine
  10. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,139 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,145 times   693 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 347,588 times   925 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 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 291,028 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"
  14. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,123 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  15. Section 1997e - Suits by prisoners

    42 U.S.C. § 1997e   Cited 53,984 times   20 Legal Analyses
    Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court
  16. Rule 62.1 - Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

    Fed. R. Civ. P. 62.1   Cited 864 times   2 Legal Analyses
    Directing that, "[i]f a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may" do one of these things: " defer considering the motion; deny the motion; or state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue"
  17. Section 13:5106 - Limitations

    La. Stat. tit. 13 § 5106   Cited 313 times
    Waiving immunity only in state court
  18. Section 46:236.1.7 - Family and child support programs; liability

    La. Stat. tit. 46 § 236.1.7   Cited 2 times

    A. The district attorney, department, and their respective staff acting pursuant to this Subpart and R.S. 9:396(B) shall be immune from civil liability that otherwise might be incurred or imposed. Such immunity shall extend to participation in any judicial proceeding resulting from any actions under this Subpart but shall not limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from his reckless, wanton, or intentional misconduct. B. Any

  19. Section 46:3 - Trustees or administrators shall not be interested in contracts with or sales to charitable institutions; penalties

    La. Stat. tit. 46 § 3

    A. No member of the board of trustees, nor any administrator of any charitable institution of the state, shall receive any appointment in the institution, nor shall any member of the boards of trustees, or administrators, nor any officer appointed by either of them, be concerned directly or indirectly in any contract, in the furnishing of supplies, or in the purchase or sale of any article of property or value for or on account of these institutions. B. Whoever violates the provisions of this Section