6min chapter

Strict Scrutiny cover image

Shielded: How the Police Became Untouchable

Strict Scrutiny

CHAPTER

How the Supreme Court's Civil Procedure Decisions Have Made It Much Harder for Civil Rights Litigants to Advance Their Claims?

The Supreme Court's decisions in Twombly and then Iqbal created this idea that pleadings have to be plausible in order to get past the motion to dismiss stage. The standard for suing local governments requires proof of an unconstitutional policy or custom or practice. And depending on judges' dispositions, their views of these cases, those kinds of decisions really make or break a case.

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