Professors Grossi and Ides file amicus brief in Supreme Court case
Their post, Supreme Court to Revisit Qualified Immunity and Pleading Standards, can be found on the ABA's website.
In October 2004, two groups of demonstrators assembled near the Jacksonville Inn in Jacksonville, Oregon, where President George W. Bush was scheduled to dine. One group was pro-Bush and the other was anti-Bush. When President Bush arrived at the Inn, both groups were in identical proximity to the president, each on a sidewalk near or adjacent to the Inn. Shortly after the president’s arrival, Secret Service agents ordered the anti-Bush group to move to a place where they were less visible and less audible to the president. The pro-Bush group was not required to move. Members of the anti-Bush group sued the Secret Service agents claiming a violation of their First Amendment rights. The case is now pending in the Supreme Court, where one of the issues presented is whether the plaintiffs’ Second Amendment complaint satisfies the pleading standards established in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Those standards focus on the elements of the claim and on the non-conclusory, factual matter alleged in the complaint. Under Twombly and Iqbal, the sufficiency of a complaint must be established by reference to the alleged facts and the reasonable inferences that may be drawn therefrom. The question is whether those allegations and inferences plausibly suggest a claim upon which relief can be granted.
[Read the complete post on Loyola's faculty blog, Summary Judgments.]