· 12/23/2013
Cindy Laine Franklin v. Chris Curry
Citations
- 738 F.3d 1246
- 87 Fed. R. Serv. 3d 544
- 2013 WL 6728101
- 2013 U.S. App. LEXIS 25515
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a court disregards “conclusory allegations” because they “fail to apprise defendants of the factual basis of the plaintiff’s claims”
- explaining that “a formulaic recitation of the elements of a cause of action” is conclusory
- explaining that these types of statements are \conclusory legal allegations\ that \carry no weight\
- noting that courts “afford no presumption of truth to legal conclusions”
- requiring assertions of policies that were in place, should have been in place, or how policies would’ve prevented [the constitutional violation]” to defeat qualified immunity
- using the “more than gross negligence” formulation of the deliberate- indifference standard
Source: CourtListener parenthetical corpus (CC0).
Judges: Marcus, Black, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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