Case Citator › Ruiz v. McDonnell

Ruiz v. McDonnell

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Tenth Circuit
Citation
299 F.3d 1173
Decided
Confirmed treatments
1
Flagged citations read
150 of 150
Citing cases (total)
545
Treatment dates
2007
Abrogated
A reviewed court treats this case as abrogated by later authority. Abrogated in part: all 150 flagged citations for Ruiz v. McDonnell have been read, with the one confirmed treatment listed below. Bell Atlantic Corp. v. Twombly rejected the Conley “no set of facts” Rule 12(b)(6) formulation that Ruiz had used.
More on how this was screened

The reviewed opinions continued to apply Ruiz's unaffected state-created-danger, liberal-construction, appellate-review, and Eleventh Amendment rules, or repeated history parentheticals reporting Twombly's limited act. Other nearby adverse language concerned unrelated authorities or Congress's power to abrogate state sovereign immunity.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

545 later cases cite Ruiz v. McDonnell; 150 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 Ruiz v. McDonnell?

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

  • The Supreme Court abrogated Ruiz's Conley-based statement that dismissal is proper only when a plaintiff can prove no set of facts entitling her to relief, replacing it with a plausibility standard.

    Bell Atlantic Corp. v. Twombly · Supreme Court of the United States · filed

    Conley’s “no set of facts” language has been questioned, criticized, and explained away long enough. ... The phrase is best forgotten as an incomplete, negative gloss on an accepted pleading standard.
    Read the full opinion on CourtListener →

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