Does a court have to accept as true all of the allegations contained in a complaint?
MultiRegion, United States of America
The following excerpt is from Bailey v. N.Y. Law Sch., 19-3473 (2nd Cir. 2021):
Although a court "must accept as true all of the allegations contained in a complaint," this tenet is "inapplicable to legal conclusions," and "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a pro se complaint, in what circumstances will the court accept as true all factual allegations contained in the complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
Can a court disregard allegations in a complaint if the allegations in the complaint are not proven? (MultiRegion, United States of America)
If plaintiff files an amended complaint in this court despite the court's indication that it would likely be subject to dismissal, can the court refer to a prior pleading? (MultiRegion, United States of America)
Can a police officer sue a district court on the grounds that the district court is too lenient in dealing with allegations of excessive force? (MultiRegion, United States of America)
On appeal from the granting of a motion to dismiss, what is the test for accepting the allegations in the complaint as true? (MultiRegion, United States of America)
What are the allegations in a sexual harassment complaint brought by a woman who alleges she was sexually harassed in the workplace? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
Can a pro se plaintiff who brings a civil rights action amend his complaint after the court has entered judgment dismissing the original complaint? (MultiRegion, United States of America)
Does a motion to dismiss a pro se complaint containing only conclusory, vague or general allegations of conspiracy to deprive a person of their constitutional rights withstand dismissal? (MultiRegion, United States of America)
