Topic: accept as true the facts alleged, but not legal conclusions… · Go Syfert
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Topic #62

10 canonical passages across 10 cases, quoted by 2,881 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Barton Ex Rel. Estate of Barton v. Taber.

#Case FlagCanonical passage Citers
1 Barton Ex Rel. Estate of Barton v. Taber Anchor
ca8 · 2016
green “accept as true the facts alleged, but not legal conclusions or threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.” 654
2 Charles Richard Stone v. Rick Harry Anita Schlank Deborah Konieska Rhonda Heskin Amy Anderson Lori Parkos Jim Lind
ca8 · 2004
green “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint” 544
3 Lawrence Johnson etc v. Outboard Marine
ca8 · 1999
green “suit against a public employee in his or her official capacity is merely a suit against the public employer.” 408
4 Kerrie Mick v. Wes Raines
ca8 · 2018
green “resulted from (1) an official municipal policy, (2) an unofficial custom, or (3) a deliberately indifferent failure to train or supervise.” 287
5 Ronda Marsh v. Phelps County
ca8 · 2018
green “claims challenging an unconstitutional policy or custom, or those based on a theory of inadequate training, which is an extension of the same” 218
6 S.M. v. Michael Krigbaum
ca8 · 2015
green “government officials are personally liable only for their own misconduct.” 210
7 Brian Ulrich v. Pope County
ca8 · 2013
green “alleged no facts in his complaint that would demonstrate the existence of a policy or custom” 196
8 Angarita v. St. Louis County
ca8 · 1992
green “a policy may be either a policy statement, ordinance, regulation, or decision officially adopted and promulgated by the municipality's governing body.” 128
9 Henry Szabla v. City of Brooklyn Pk.
ca8 · 2007
green “a policy is constitutional on its face, but it is asserted that a municipality should have done more to prevent constitutional violations by its employees, a plaintiff must establish the existence of a 'policy' by demonstrating that the inadequacies were a product of deliberate …” 122
10 Kohl v. Casson
ca8 · 1993
green “there can be no causal connection between any action on the part of the defendants and any alleged deprivation” 114

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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