What is the legal test for a complaint alleging misconduct in a federal civil proceeding?
MultiRegion, United States of America
The following excerpt is from Walker v. Beccera, CASE NO. 14CV1558 BEN (PCL) (S.D. Cal. 2014):
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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