Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Twombly displaced the earlier Conley standard quoted in this decision; the Eleventh Circuit later described the abrogation as occurring on other grounds. The decision's separate qualified immunity holdings are unaffected. The partial abrogation is listed below.
602 later cases cite Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission; 101 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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Twombly rejected the Conley “no set of facts” pleading standard quoted in Marsh.
Bell Atlantic Corp. v. Twombly · Supreme Court of the United States · filed
The phrase is best forgotten as an incomplete, negative gloss on an accepted pleading standard: once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint.
Read the full opinion on CourtListener →
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