Kelly Park v. Karen Thompson

I respectfully concur in part and dissent in part.

I agree with the majority that we must review the district court’s decision de novo. See Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir. 2011). Moreover, I agree that we view the allegations of the complaint in the light most favorable to the plaintiff. But that does not mean that a complaint is sufficient because we can imagine a possibility that the defendant has committed some wrongdoing. Rather, “[wjhere a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the fine between possibility and…