Ascroft v. Igbal - to rlief above the speculative level...

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Ashcroft v. Iqbal 129 S. Ct. 1937 (2009) Fact: Operative Facts: Ashcroft was taken to a high security facility, alleging that the FBI took him in because he was Arabic and of Muslim nature. This was after the 9/11 incident and when FBI took in thousands of Muslims and arbic people into high security facilities to be held until they were cleared of terrorist charges. Issue: Whether Ashcroft’s claim could survive a motion to dismiss on summary judgment for failing to state a claim. Rule: To survive a motion to dismiss, they much have factual allegations enough to raise a right
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Unformatted text preview: to rlief above the speculative level. Something more than series of facts that creates a suspicion. Rational: Conspiracy theories does not hold up, in a motion to dismiss. Ashcroft claims that he was taken in only because he was Muslim and of Arabic nature. When the 9/11 attacks were 11 men who were of active standing with the al quada group, who were muslim and of Arabic nature. It can be a coincidence. Holding: Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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