Case Citator › Alston v. Parker

Alston v. Parker

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

Overruled in part
Court
Third Circuit
Citation
363 F.3d 229
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2009
Overruled in part
A reviewed court has overruled part of this case’s holding. Alston v. Parker was displaced in part on what facts a civil complaint must plead to survive dismissal. Ashcroft v. Iqbal requires a plausible claim supported by sufficient factual allegations, superseding Alston's earlier statement that a plaintiff need not plead facts.
More on how this was screened

The Third Circuit's later Rivera v. Monko opinion recognizes the change; courts still apply Alston's separate rules on curative amendment and discovery to identify defendants. All 35 flagged citations have been read; the one confirmed treatment is listed below.

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.

35 later cases cite Alston v. Parker; 35 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 Alston v. Parker?

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

Overruled in part

  • Iqbal displaced Alston's statement that a complaint need not plead facts by requiring a plausible claim for relief.

    Ashcroft v. Iqbal · Supreme Court of the United States · filed

    Second, only a complaint that states a plausible claim for relief survives a motion to dismiss.
    Read the full opinion on CourtListener →

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