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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.