Can a Rule 12(b)(1) jurisdictional attack be facial or factual?

MultiRegion, United States of America

The following excerpt is from Hoffman v. City of San Diego, Case No.: 18cv02654 JAH (BGS) (S.D. Cal. 2019):

"A Rule 12(b)(1) jurisdictional attack may be facial or factual". Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004) (citing White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000)). A facial attack challenges the allegations as insufficient on

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their face to invoke federal jurisdiction. Id. In civil rights cases, where a litigant appears pro se, the court must construe the pleadings liberally and afford the litigant the benefit of any doubt. Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir.1988).

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