What is the test for determining whether a claim of misconduct is a plausible claim for relief?
MultiRegion, United States of America
The following excerpt is from Flynn v. Canlas, Case No.: 15-cv-2115 WQH (PCL) (S.D. Cal. 2016):
determine whether they plausibly give rise to an entitlement to relief." Id. at 679. "Determining whether a complaint states a plausible claim for relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. The "mere possibility of misconduct" falls short of meeting this plausibility standard. Id.; see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009).
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