(Program to be published in The Urban Lawyer)
Ashcroft v. Iqbal has proven to be an extremely important decision for civil rights litigation. It imposed a new pleading requirement—plausibility—which disproportionately affects civil rights litigants who often lack the “non-conclusory facts” necessary to survive a motion to dismiss. Second, it altered established rules permitting supervisory liability for the unconstitutional conduct of one’s subordinates, mandating that supervisors can be liable only when they personally violate the plaintiff’s constitutional rights. Third, although assuming a cause of action here, the Court expressed doubt as to whether a Bivens claim can ever be recognized for the violation of First Amendment rights. Our speakers will explore and provide insight into these three aspects of Iqbal.
Business Meeting at Program Conclusion.