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Pleading Civil Rights Claims in the Post-Conley Era

A. Benjamin Spencer

University of Virginia School of Law


Howard Law Journal, Vol. 52, No. 1, p. 99, 2008
Washington & Lee Legal Studies Paper No. 2008-30

Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous no set of facts formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts that choose to continue to apply a notice pleading standard and that of courts requiring factual substantiation of claims at the pleading stage. The aims of this Article are to clarify the pleading standards that civil rights claimants must now satisfy across the circuits, to assess what impact Twombly has had on shaping those standards, and to evaluate from a policy perspective whether any changes wrought by Twombly in this area are welcome or troubling. This Article was prepared for inclusion in the forthcoming Howard Law Journal Symposium issue entitled Civil Rights and Civil Procedure: The Legacy of Conley v. Gibson.

Number of Pages in PDF File: 68

Keywords: conley, civil procedure, pleading, rule 8, twombly, bell atlantic, plausibility, civil rights

JEL Classification: K40, K41, K49, K10, K00

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Date posted: May 30, 2008 ; Last revised: July 21, 2010

Suggested Citation

Spencer, A. Benjamin, Pleading Civil Rights Claims in the Post-Conley Era (2008). Howard Law Journal, Vol. 52, No. 1, p. 99, 2008; Washington & Lee Legal Studies Paper No. 2008-30. Available at SSRN: http://ssrn.com/abstract=1138638

Contact Information

A. Benjamin Spencer (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434.924.3572 (Phone)
HOME PAGE: http://www.law.virginia.edu/lawweb/faculty.nsf/FHPbI/2299812

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