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Ashcroft v. Iqbal. 129 S.ct. 1937

Ashcroft v. Iqbal. 129 S.ct. 1937

Ratings: (0)|Views: 737 |Likes:
Published by Thalia Sanders
this is a document about criminal functions

Background: Muslim Pakistani pretrial detainee
brought action against current and former government
officials, alleging that they took series of unconstitutional
actions against him in connection
with his confinement under harsh conditions after
separation from the general prison population. The
United States District Court for the Eastern District
of New York, John Gleeson, J., 2005 WL 2375202,
denied in part defendants' motions to dismiss on
ground of qualified immunity. Defendants appealed.
The United States Court of Appeals for the
Second Circuit, Jon O. Newman, Circuit Judge, 490
F.3d 143, affirmed in part, reversed in part, and remanded.
Certiorari was granted.
Holdings: The Supreme Court, Justice Kennedy,
held that:
(1) Second Circuit had subject matter jurisdiction to
affirm district court's order denying officials' motion
to dismiss on grounds of qualified immunity,
and
(2) detainee's complaint failed to plead sufficient
facts to state claim for purposeful and unlawful discrimination.
Reversed and remanded.
this is a document about criminal functions

Background: Muslim Pakistani pretrial detainee
brought action against current and former government
officials, alleging that they took series of unconstitutional
actions against him in connection
with his confinement under harsh conditions after
separation from the general prison population. The
United States District Court for the Eastern District
of New York, John Gleeson, J., 2005 WL 2375202,
denied in part defendants' motions to dismiss on
ground of qualified immunity. Defendants appealed.
The United States Court of Appeals for the
Second Circuit, Jon O. Newman, Circuit Judge, 490
F.3d 143, affirmed in part, reversed in part, and remanded.
Certiorari was granted.
Holdings: The Supreme Court, Justice Kennedy,
held that:
(1) Second Circuit had subject matter jurisdiction to
affirm district court's order denying officials' motion
to dismiss on grounds of qualified immunity,
and
(2) detainee's complaint failed to plead sufficient
facts to state claim for purposeful and unlawful discrimination.
Reversed and remanded.

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Published by: Thalia Sanders on Jun 24, 2010
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Westlaw Delivery Summary Report for PATRON ACCESS,-
Date/Time of Request: Tuesday, June 22, 2010 11:05 EasternClient Identifier: PATRON ACCESSDatabase: SCTFINDCitation Text: 129 S.Ct. 1937Lines: 1580Documents: 1Images: 0
Holdings: The Supreme Court, Justice Kennedy, held that: (1) Second Circuit had subject matter jurisdiction toaffirm district court's order denying officials' motion to dismiss on ground
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
 
Supreme Court of the United StatesJohn D. ASHCROFT, Former Attorney General, etal., Petitioners,v.Javaid IQBAL et al.
No. 07-1015.
Argued Dec. 10, 2008.Decided May 18, 2009.
Background:
Muslim Pakistani pretrial detaineebrought action against current and former govern-ment officials, alleging that they took series of un-constitutional actions against him in connectionwith his confinement under harsh conditions afterseparation from the general prison population. TheUnited States District Court for the Eastern Districtof New York,John Gleeson, J.,2005 WL 2375202, denied in part defendants' motions to dismiss onground of qualified immunity. Defendants ap-pealed. The United States Court of Appeals for theSecond Circuit,Jon O. Newman, Circuit Judge,490 F.3d 143,affirmed in part, reversed in part, and re-manded. Certiorari was granted.
Holdings:
The Supreme Court, JusticeKennedy,held that:(1)Second Circuit had subject matter jurisdiction toaffirm district court's order denying officials' mo-tion to dismiss on grounds of qualified immunity,and(2)detainee's complaint failed to plead sufficientfacts to state claim for purposeful and unlawful dis-crimination.Reversed and remanded.JusticeSouterfiled dissenting opinion in which JusticesStevens,Ginsburg, andBreyerjoined. JusticeBreyerfiled dissenting opinion. West Headnotes
[1]Federal Courts 170B 30
170BFederal Courts170BIJurisdiction and Powers in General170BI(A)In General 170Bk29Objections to Jurisdiction, De-termination and Waiver170Bk30k.Power and Duty of Court. Most Cited Cases
Federal Courts 170B 31
170BFederal Courts170BIJurisdiction and Powers in General170BI(A)In General 170Bk29Objections to Jurisdiction, De-termination and Waiver170Bk31k.Waiver or Consent.Most Cited CasesSubject matter jurisdiction cannot be forfeited orwaived and should be considered when fairly indoubt.
[2]Federal Courts 170B 572.1
170BFederal Courts170BVIIICourts of Appeals170BVIII(C)Decisions Reviewable 170BVIII(C)2Finality of Determination170Bk572Interlocutory Orders Ap- pealable170Bk572.1k. In General.MostCited CasesUnder “collateral-order doctrine,limited set of district court orders are reviewable though short of final judgment; orders within this narrow categoryare immediately appealable because they finally de-termine claims of right separable from, and collat-eral to, rights asserted in action, too important to bedenied review and too independent of cause itself torequire that appellate consideration be deferred un-til whole case is adjudicated.28 U.S.C.A. § 1291.Page 1129 S.Ct. 1937, 173 L.Ed.2d 868, 77 USLW 4387, 2009-2 Trade Cases P 76,785, 73 Fed.R.Serv.3d 837, 09 Cal.Daily Op. Serv. 5961, 2009 Daily Journal D.A.R. 7005, 21 Fla. L. Weekly Fed. S 853
(Cite as: 129 S.Ct. 1937)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
 
[3]Federal Courts 170B 574
170BFederal Courts170BVIIICourts of Appeals170BVIII(C)Decisions Reviewable 170BVIII(C)2Finality of Determination170Bk572Interlocutory Orders Ap- pealable170Bk574k. Other Particular Or-ders.Most Cited CasesDistrict court decision denying Government of-ficer's claim of qualified immunity can fall withinnarrow class of appealable orders despite the ab-sence of a final judgment.28 U.S.C.A. § 1291.
[4]Civil Rights 78 1376(1)
78Civil Rights78IIIFederal Remedies in General78k1372Privilege or Immunity; Good Faith and Probable Cause78k1376Government Agencies and Of-ficers78k1376(1)k. In General.Most Cited Cases
Civil Rights 78 1376(2)
78Civil Rights78IIIFederal Remedies in General78k1372Privilege or Immunity; Good Faith and Probable Cause78k1376Government Agencies and Of-ficers78k1376(2)k. Good Faith and Reason-ableness; Knowledge and Clarity of Law; Motiveand Intent, in General.Most Cited Cases“Qualified immunity,which shields Governmentofficials from liability for civil damages insofar astheir conduct does not violate clearly establishedstatutory or constitutional rights, is both a defenseto liability and limited entitlement not to stand trialor face the other burdens of litigation.
[5]Federal Courts 170B 574
170BFederal Courts170BVIIICourts of Appeals170BVIII(C)Decisions Reviewable 170BVIII(C)2Finality of Determination170Bk572Interlocutory Orders Ap- pealable170Bk574k. Other Particular Or-ders.Most Cited CasesProvided it turns on issue of law, district court or-der denying qualified immunity can fall within nar-row class of prejudgment orders reviewable undercollateral order doctrine; such an order conclusivelydetermines that defendant must bear burdens of dis-covery, conceptually distinct from merits of plaintiff's claim, and would prove effectively unre-viewable on appeal from final judgment.28U.S.C.A. § 1291.
[6]Federal Courts 170B 589
170BFederal Courts170BVIIICourts of Appeals170BVIII(C)Decisions Reviewable 170BVIII(C)2Finality of Determination170Bk585Particular Judgments, De- crees or Orders, Finality170Bk589k. Dismissal and Nonsuitin General.Most Cited CasesSecond Circuit had subject matter jurisdiction to af-firm district court's order denying government offi-cials' motion to dismiss Muslim Pakistani pretrialdetainee's
action on grounds of qualified im-munity; because the order turned on issue of lawand rejected qualified immunity defense, it was a“final decision” subject to immediate appeal.28U.S.C.A. § 1291.
[7]United States 393 50.1
393United States393IGovernment in General393k50Liabilities of Officers or Agents for Negligence or Misconduct393k50.1k. In General.Most Cited Cases
recognizes implied private action for dam-ages against federal officers alleged to have viol-ated a citizen's constitutional rights.Page 2129 S.Ct. 1937, 173 L.Ed.2d 868, 77 USLW 4387, 2009-2 Trade Cases P 76,785, 73 Fed.R.Serv.3d 837, 09 Cal.Daily Op. Serv. 5961, 2009 Daily Journal D.A.R. 7005, 21 Fla. L. Weekly Fed. S 853
(Cite as: 129 S.Ct. 1937)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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