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U.S. Supreme Court Requires Complaints to State “Plausible” Claims For Relief and Extends Qualified Immunity for High-Ranking Officials
Feb 01,2010
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Filed under:
Public Entities
,
Qualified Immunity
By
Wong Fleming, P.C.
A 5-4 decision this past May by the United States Supreme Court greatly restricts the ability of plaintiffs to sue high-ranking government officials for Constitutional violations, including for unconstitutional discrimination. The decision contained two key holdings. The first was that government officials cannot be found to have “supervisory liability” absent actual misconduct by that government official in a constitutional discrimination case. Additionally, the Court applied its earlier decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) to find that the “plausibility” requirement contained in Twombly acts as a bar to claims based on allegations a court believes are conclusory, and making clear that Twombly extends outside of the antitrust context.
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