Gavitt v. Born’s Empirical Analysis
835 F.3d 623 · 2016
Citation profile
3 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1367 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Harlow v. Fitzgerald · Mitchell v. Forsyth · Steel Co. v. Citizens for a Better Environment
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assessment of the facial sufficiency of the complaint must ordinarily be undertaken without resort to matters outside the pleadings. If a court does consider material outside the pleadings, the motion to dismiss must be treated as a motion for summary judgment under Rule 56 and all parties must be given a reasonable opportunity to present all material pertinent to the motion.”
3 later decisions quote this exact passage · from the majority“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
2 later decisions quote this exact passage · from the majority“To satisfy this requirement, the right allegedly violated must have been clearly established in a particularized sense, such that a reasonable official confronted with the same situation would have known that his actions would be in violation of that right.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.