§Why CasetextPricing

Yassir Fazaga et al v. Federal Bureau of Investigation et al

MEMORANDUM in Opposition to MOTION to Dismiss Case Amended Complaint and for Summary Judgment 55

102 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,593 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"

  3. Imbler v. Pachtman

    424 U.S. 409 (1976)   Cited 10,677 times   5 Legal Analyses
    Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"

  4. Carlson, v. Green

    446 U.S. 14 (1980)   Cited 3,213 times   2 Legal Analyses
    Holding that FTCA and Bivens remedies were "parallel, complementary causes of action" and that the availability of the former did not preempt the latter

  5. McCarthy v. Madigan

    503 U.S. 140 (1992)   Cited 1,837 times   2 Legal Analyses
    Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages

  6. Boumediene v. Bush

    553 U.S. 723 (2008)   Cited 971 times   5 Legal Analyses
    Holding that enemy combatants are entitled to the privilege of habeas corpus

  7. Webster v. Doe

    486 U.S. 592 (1988)   Cited 750 times
    Holding § 701 barred statutory but not constitutional claims of discrimination

  8. U.S. v. Olson

    546 U.S. 43 (2005)   Cited 370 times   1 Legal Analyses
    Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party

  9. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 964 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

  10. Ex Parte Young

    209 U.S. 123 (1908)   Cited 10,893 times   23 Legal Analyses
    Holding that federal courts may enjoin state officials to conform their conduct to federal law

  11. Rule 32.1 - Citing Judicial Dispositions

    Fed. R. App. P. 32.1   Cited 34,653 times   152 Legal Analyses
    Permitting court to cite to unpublished federal judicial opinions

  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,130 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  13. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,097 times   24 Legal Analyses
    Granting judicial review of "agency action"

  14. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,456 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  15. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,453 times   2 Legal Analyses
    Specifying scope of United States' liability

  16. Section 52.1 - Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights

    Cal. Civ. Code § 52.1   Cited 2,676 times   5 Legal Analyses
    Stating a person whose state or constitutional rights "ha[ve] been interfered with, or attempted to be interfered with," can bring an action against the alleged perpetrator

  17. Section 632 - Unlawful eavesdropping or recording

    Cal. Pen. Code § 632   Cited 551 times   17 Legal Analyses
    Providing for "imprisonment in the county jail not exceeding one year"

  18. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 280 times   10 Legal Analyses
    Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

  19. Section 1806 - Use of information

    50 U.S.C. § 1806   Cited 169 times   4 Legal Analyses
    Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"

  20. Section 1804 - Applications for court orders

    50 U.S.C. § 1804   Cited 109 times   1 Legal Analyses
    Authorizing electronic surveillance under FISA

  21. Section 16.96 - Exemption of Federal Bureau of Investigation Systems-limited access

    28 C.F.R. § 16.96   Cited 71 times
    Exempting the FBI's Central Records System from the Privacy Act