Legal Opinion
Educadores Puertorriqueños en Acción v. Hernández
Court of Appeals for the First Circuit
Decided May 10, 2004No. 03-1588PublishedCited by 229 opinions
1Opinion of the Court
SELYA, Circuit Judge.
For years, courts in this circuit have required plaintiffs to satisfy a heightened pleading standard in civil rights actions. We recently have retreated from this view in specified instances. Today, however, we are presented with an opportunity to reexamine the propriety of this praxis globally in light of emergent Supreme Court precedent. Because neither the Civil Rules nor any applicable statute authorizes the imposition of a heightened pleading standard for civil rights actions, we disclaim our earlier practice and overrule the decisions authorizing it. Since the…
2Cases cited34 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Crawford-El v. BrittonSupreme Court of the United States · 1998
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3Cited by229 opinions
- Randall v. ScottCourt of Appeals for the Eleventh Circuit · 2010
- Jacqueline Lewis v. City of Union City, GeorgiaCourt of Appeals for the Eleventh Circuit · 2019
- Iqbal v. HastyCourt of Appeals for the Second Circuit · 2007
- Rodriguez-Reyes v. Molina-RodriguezCourt of Appeals for the First Circuit · 2013
- Gagliardi v. SullivanCourt of Appeals for the First Circuit · 2008
224 more not listed; retrieve them via the Exa API.