CMKM Diamonds Inc. (fka CMKX)

[jarta]

jimmy, ... I should probably explain that I am no fan of the Supreme Court's decision in Iqbal v.Ashcroft. I actually think the conservatives on that Court went too far in their decision - which is based far more on "leave government alone" rather than individual rights.

Without creating the "plausible claim" requirement out of thin air - and only for Bivens claims, this case would have to be decided by summary judgment, not a motion to dismiss.

But, summary judgment keeps implausible claims alive for far too long. Federal court dockets are too crowded and too many goofy and ultimately unsustainable Bivens claims were being filed and clogging up the courts. So, the Supreme Court created a procedural way for federal judges to weed out the wing nut suits much earlier than through a motion for summary judgment. That way was by limiting implausible claims based upon implausible and incomplete facts.

Is is fair? I'm not sure about that. But, I'm sure the "plausible claim" requirement for Bivens cases is now the Law of the Land. The Supreme Court has spoken. Hodges could replead to add more facts, but he'd only be digging himself a deeper hole. ... eom