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To: Ruffian who wrote (305707)5/18/2009 7:48:56 PM
From: mph  Respond to of 793917
 
Individual Rights- USSC
Federal appellate court had jurisdiction to review denial of a qualified-immunity claim at the motion-to-dismiss stage. Factual allegation that government arrested and detained thousands of Arab Muslim men did not plausibly suggest that government officials purposefully discriminated on prohibited grounds. The question presented by a motion to dismiss for insufficient pleadings does not turn on the controls placed on the discovery process. Federal Rule of Civil Procedure 9(b)--which requires particularity when pleading "fraud or mistake" but allows "other conditions of a person’s mind [to] be alleged generally"--does not require courts to credit a complaint’s conclusory statements without reference to its factual context.
Ashcroft v. Iqbal - filed May 18, 2009
Cite as 07-1015
Full text metnews.com