ashcroft former attorney general et al iqbal et argued december decided may following september terrorist attacks respondent iqbal pakistani muslim arrested criminal charges detained federal officials restrictive conditions iqbal filed bivens action numerous federal officials including petitioner ashcroft former attorney general petitioner mueller director federal bureau investigation fbi see bivens six unknown fed narcotics agents complaint alleged inter alia petitioners designated iqbal person high interest account race religion national origin contravention first fifth amendments fbi mueller direction arrested detained thousands arab muslim men part investigation petitioners knew condoned willfully maliciously agreed subject iqbal harsh conditions confinement matter policy solely account prohibited factors legitimate penological interest ashcroft policy principal architect mueller instrumental adoption execution district denied petitioners motion dismiss grounds invoked collateral order doctrine file interlocutory appeal second circuit affirming assumed without discussion jurisdiction focused standard set forth bell atlantic twombly evaluating whether complaint sufficient survive motion dismiss concluding twombly flexible plausibility standard obliging pleader amplify claim factual allegations necessary render plausible inapplicable context petitioners appeal held iqbal complaint adequate allege petitioners personal involvement discriminatory decisions true violated clearly established constitutional law held second circuit jurisdiction affirm district order denying petitioners motion dismiss pp denial claim fall within narrow class prejudgment orders reviewable doctrine long order turns issue law mitchell forsyth doctrine applicability context well established order rejecting qualified immunity stage final decision vests courts appeals jurisdiction appeals final decisions district courts behrens pelletier pp principles appeals jurisdiction district order order turned issue law rejected defense final decision subject immediate appeal behrens supra pp iqbal complaint fails plead sufficient facts state claim purposeful unlawful discrimination pp assumes without deciding iqbal first amendment claim actionable bivens action see hartman moore vicarious liability inapplicable bivens suits see monell new york city dept social plaintiff suit present one must plead defendant individual actions violated constitution purposeful discrimination requires intent volition intent awareness consequences involves decisionmaker undertaking course action merely spite action adverse effects upon identifiable group personnel administrator mass feeney iqbal must plead sufficient factual matter show petitioners adopted implemented detention policies issue neutral investigative reason purpose discriminating account race religion national origin pp federal rule civil procedure complaint must contain short plain statement claim showing pleader entitled relief etailed factual allegations required twombly rule call sufficient factual matter accepted true state claim relief plausible face claim facial plausibility pleaded factual content allows draw reasonable inference defendant liable misconduct alleged two working principles underlie twombly first tenet must accept complaint allegations true inapplicable threadbare recitals cause action elements supported mere conclusory statements second determining whether complaint plausible claim requiring reviewing draw experience common sense considering motion dismiss may begin identifying allegations mere conclusions entitled assumption truth legal conclusions provide complaint framework must supported factual allegations factual allegations assume veracity determine whether plausibly give rise entitlement relief pp iqbal pleadings comply rule twombly several allegations petitioners agreed subject harsh conditions matter policy solely account discriminatory factors legitimate penological interest ashcroft policy principal architect mueller instrumental adoption execution conclusory entitled assumed true moreover factual allegations fbi mueller arrested detained thousands arab muslim men ashcroft approved detention policy plausibly suggest petitioners purposefully discriminated prohibited grounds given september attacks perpetrated arab muslims surprising legitimate policy directing law enforcement arrest detain individuals suspected link attacks produce disparate incidental impact arab muslims even though policy purpose target neither arabs muslims even complaint facts gave rise plausible inference iqbal arrest result unconstitutional discrimination inference alone entitle relief claims petitioners rest solely ostensible policy holding detainees categorized high interest complaint contain facts plausibly showing policy based discriminatory factors pp three iqbal arguments rejected pp claim twombly limited antitrust context supported case federal rules twombly interpreted applied rule turn governs pleading standard civil actions rule case applies antitrust discrimination suits alike see ii rule pleading requirements need relaxed based second circuit instruction district cabin discovery preserve petitioners defense anticipation summary judgment motion question presented motion dismiss insufficient pleadings turn controls placed discovery process twombly supra iqbal complaint deficient rule entitled discovery cabined otherwise pp iii rule requires particularity pleading fraud mistake allows conditions person mind alleged generally require courts credit complaint conclusory statements without reference factual context rule merely excuses party pleading discriminatory intent elevated pleading standard give license evade rule less rigid though still operative strictures pp second circuit decide first instance whether remand district allow iqbal seek leave amend deficient complaint reversed remanded kennedy delivered opinion roberts scalia thomas alito joined souter filed dissenting opinion stevens ginsburg breyer joined breyer filed dissenting opinion john ashcroft former attorney general et petitioners javaid iqbal et al writ certiorari appeals second circuit may justice kennedy delivered opinion respondent javaid iqbal citizen pakistan muslim wake september terrorist attacks arrested criminal charges detained federal officials respondent claims deprived various constitutional protections federal custody redress alleged deprivations respondent filed complaint numerous federal officials including john ashcroft former attorney general robert mueller director federal bureau investigation fbi ashcroft mueller petitioners case us two petitioners complaint alleges adopted unconstitutional policy subjected respondent harsh conditions confinement account race religion national origin district petitioners raised defense qualified immunity moved dismiss suit contending complaint sufficient state claim district denied motion dismiss concluding complaint sufficient state claim despite petitioners official status times question petitioners brought interlocutory appeal appeals second circuit without discussion assumed jurisdiction order denying motion dismiss affirmed district decision respondent account prison ordeal proved demonstrate unconstitutional misconduct governmental actors allegations pleadings respect actors us case instead turns narrower question respondent plaintiff district plead factual matter taken true claim petitioners deprived clearly established constitutional rights hold respondent pleadings insufficient following attacks fbi entities within department justice began investigation vast reach identify assailants prevent attacking anew fbi dedicated special agents support personnel endeavor september fbi received tips potential leads public dept justice office inspector general september detainees review treatment aliens held immigration charges connection investigation september attacks apr hereinafter oig report http visited may available clerk case file ensuing months fbi questioned people suspected links attacks particular terrorism general individuals held immigration charges subset group deemed investigation detainees held restrictive conditions designed prevent communicating general prison population outside world respondent one detainees according complaint november agents fbi immigration naturalization service arrested charges fraud relation identification documents conspiracy defraud iqbal hasty pending trial crimes respondent housed metropolitan detention center mdc brooklyn new york respondent designated person high interest september investigation january placed section mdc known administrative maximum special housing unit admax shu facility name indicates admax shu incorporates maximum security conditions allowable federal bureau prison regulations ibid admax shu detainees kept lockdown hours day spending remaining hour outside cells handcuffs leg irons accompanied escort ibid respondent pleaded guilty criminal charges served term imprisonment removed native pakistan filed bivens action district eastern district new york current former federal officials john doe federal corrections officers see bivens six unknown fed narcotics agents defendants range correctional officers contact respondent term confinement wardens mdc facility way petitioners officials highest level federal law enforcement hierarchy first amended complaint jg ja app pet cert hereinafter complaint complaint challenge respondent arrest confinement mdc general prison population rather concentrates treatment confined admax shu complaint sets forth various claims defendants us instance complaint alleges respondent jailors kicked stomach punched face dragged across cell without justification app pet cert subjected serial strip searches posed safety risk others app pet cert refused let muslims pray prayers terrorists app pet cert allegations petitioners ones relevant complaint contends petitioners designated respondent person high interest account race religion national origin contravention first fifth amendments constitution complaint alleges fbi direction defendant mueller arrested detained thousands arab muslim men part investigation events september alleges policy holding detainees highly restrictive conditions confinement fbi approved defendants ashcroft mueller discussions weeks september lastly complaint posits petitioners knew condoned willfully maliciously agreed subject respondent harsh conditions confinement matter policy solely account religion race national origin legitimate penological interest pleading names ashcroft principal architect policy identifies mueller instrumental adoption promulgation implementation petitioners moved dismiss complaint failure state sufficient allegations show involvement clearly established unconstitutional conduct district denied motion accepting allegations respondent complaint true held said set facts respondent entitled relief petitioners relying conley gibson invoking doctrine petitioners filed interlocutory appeal appeals second circuit appeal pending decided bell atlantic twombly discussed standard evaluating whether complaint sufficient survive motion dismiss appeals considered twombly applicability case acknowledging twombly retired conley test relied upon district appeals opinion discussed length apply standard assessing adequacy pleadings concluded twombly called flexible standard obliges pleader amplify claim factual allegations contexts amplification needed render claim plausible found petitioners appeal present one contexts requiring amplification consequence held respondent pleading adequate allege petitioners personal involvement discriminatory decisions true violated clearly established constitutional law judge cabranes concurred agreed majority discussion relevant pleading standards reflect ed uneasy compromise qualified immunity privilege rooted need preserve effectiveness government contemplated constitutional structure pleading requirements rule federal rules civil procedure internal quotation marks citations omitted judge cabranes nonetheless expressed concern prospect subjecting government officials entitled assert defense qualified immunity charged responding national international security emergency unprecedented history american republic burdens discovery basis complaint nonspecific respondent reluctant vindicate concern member appeals judge cabranes urged address appropriate pleading standard earliest opportunity granted certiorari reverse ii first address whether appeals jurisdiction affirm district order denying petitioners motion dismiss respondent disputed jurisdiction appeals hardly discussed issue free pretermit question jurisdiction forfeited waived considered fairly doubt arbaugh citing cotton according respondent district order denying petitioners motion dismiss appealable doctrine disagree exceptions inapplicable congress vested courts appeals jurisdiction appeals final decisions district courts though statute finality requirement ensures interlocutory appeals appeals end district proceedings exception rule johnson jones prevent review prejudgment orders behrens pelletier doctrine limited set orders reviewable though short final judgment ibid orders within narrow category immediately appealable determine claims right separable collateral rights asserted action important denied review independent cause require appellate consideration deferred whole case adjudicated ibid quoting cohen beneficial industrial loan decision denying government officer claim qualified immunity fall within narrow class appealable orders despite absence final judgment mitchell forsyth qualified immunity shields government officials liability civil damages insofar conduct violate clearly established statutory constitutional rights harlow fitzgerald defense liability limited entitlement stand trial face burdens litigation mitchell supra provided turns issue law order denying qualified immunity determine defendant must bear burdens discovery conceptually distinct merits plaintiff claim prove effectively unreviewable appeal final judgment citing cohen supra general matter doctrine may expanded beyond limits dictated internal logic strict application criteria set cohen applicability doctrine context claims well established careful say district order rejecting qualified immunity stage proceeding final decision within meaning behrens applying principles conclude appeals jurisdiction hear petitioners appeal district order denying petitioners motion dismiss turned issue law rejected defense qualified immunity therefore final decision subject immediate appeal ibid respondent says qualified immunity appeal based solely complaint failure state claim ultimate issues relevant qualified immunity defense proper subject interlocutory jurisdiction brief respondent iqbal hereinafter iqbal brief words respondent contends appeals jurisdiction determine whether complaint avers clearly established constitutional violation lacked jurisdiction pass sufficiency pleadings opinions however make clear appellate jurisdiction strictly confined hartman moore reviewed interlocutory decision denying qualified immunity legal issue decided hartman concerned elements plaintiff must plead prove order win first amendment retaliation claim similarly two terms ago wilkie robbins considered another interlocutory order denying qualified immunity legal issue whether bivens action employed challenge interference property rights cases squared respondent argument doctrine restricts appellate jurisdiction ultimate issu whether legal wrong asserted violation clearly established law excluding question whether facts pleaded establish violation iqbal brief indeed latter question even clearly within category appealable decisions questions presented hartman wilkie since whether particular complaint sufficiently alleges clearly established violation law decided isolation facts pleaded sense sufficiency respondent pleadings inextricably intertwined swint chambers county directly implicated hartman supra qualified immunity defense respondent counters holding johnson confirms want jurisdiction incorrect allegation johnson five defendants police officers unlawfully beat plaintiff johnson considered appealability portion district summary judgment order though entered immunity case determine genuine issue material fact three defendants participated beating finding order final decision purposes johnson cited mitchell proposition decisions turning issue subject immediate appeal though determining whether genuine issue material fact summary judgment question law legal question sits near divide said johnson legal inquiry conduct appeals may required consult vast pretrial record numerous conflicting affidavits depositions discovery materials process generally involves matters within district ken may replicate inefficiently questions arise appeal following final judgment ibid finding concerns predominant johnson held collateral orders final mitchell turn abstract rather issues law concerns animated decision johnson absent appellate considers disposition motion dismiss complaint insufficient pleadings true categories abstract legal questions used guide decision johnson well defined however order denying petitioners motion dismiss falls well within latter class reviewing order appeals considered allegations contained within four corners respondent complaint resort vast pretrial record petitioners motion dismiss unnecessary determining whether respondent complaint heft state claim task well within appellate core competency twombly evaluating sufficiency complaint question law problem sought avoid johnson implicated district order denying petitioners motion dismiss final decision doctrine appeals jurisdiction proceed consider merits petitioners appeal iii twombly supra found necessary first discuss antitrust principles implicated complaint begin taking note elements plaintiff must plead state claim unconstitutional discrimination officials entitled assert defense qualified immunity bivens proceeding theory right suggests remedy recognized first time implied private action damages federal officers alleged violated citizen constitutional rights correctional services malesko implied causes action disfavored reluctant extend bivens liability new context new category defendants see also wilkie reluctance might well disposed respondent first amendment claim religious discrimination allowed bivens action redress violation equal protection component due process clause fifth amendment see davis passman found implied damages remedy free exercise clause indeed declined extend bivens claim sounding first amendment bush lucas petitioners press argument however assume without deciding respondent first amendment claim actionable bivens limited settings bivens apply implied cause action federal analog suits brought state officials rev stat hartman cf wilson layne based rules precedents establish respondent correctly concedes government officials may held liable unconstitutional conduct subordinates theory respondeat superior iqbal brief undisputed supervisory bivens liability established solely theory respondeat superior see monell new york city dept social finding vicarious liability municipal person see also dunlop munroe cranch federal official liability result neglect properly superintending discharge subordinates duties robertson sichel public officer agent responsible misfeasances position wrongs nonfeasances negligences omissions duty subagents servants persons properly employed discharge official duties vicarious liability inapplicable bivens suits plaintiff must plead defendant official individual actions violated constitution factors necessary establish bivens violation vary constitutional provision issue claim invidious discrimination contravention first fifth amendments decisions make clear plaintiff must plead prove defendant acted discriminatory purpose church lukumi babalu aye hialeah first amendment washington davis fifth amendment extant precedent purposeful discrimination requires intent volition intent awareness consequences personnel administrator mass feeney instead involves decisionmaker undertaking course action merely spite action adverse effects upon identifiable group ibid follows state claim based violation clearly established right respondent must plead sufficient factual matter show petitioners adopted implemented detention policies issue neutral investigative reason purpose discriminating account race religion national origin respondent disagrees argues theory supervisory liability petitioners liable knowledge acquiescence subordinates use discriminatory criteria make classification decisions among detainees iqbal brief say respondent believes supervisor mere knowledge subordinate discriminatory purpose amounts supervisor violating constitution reject argument respondent conception supervisory liability inconsistent accurate stipulation petitioners may held accountable misdeeds agents suit bivens action masters answer torts servants term supervisory liability misnomer absent vicarious liability government official title notwithstanding liable misconduct context determining whether violation clearly established right overcome qualified immunity purpose rather knowledge required impose bivens liability subordinate unconstitutional discrimination holds true official charged violations arising superintendent responsibilities iv turn respondent complaint federal rule civil procedure pleading must contain short plain statement claim showing pleader entitled relief held twombly pleading standard rule announces require detailed factual allegations demands unadorned accusation citing papasan allain pleading offers labels conclusions formulaic recitation elements cause action complaint suffice tenders naked assertion devoid factual enhancement survive motion dismiss complaint must contain sufficient factual matter accepted true state claim relief plausible face claim facial plausibility plaintiff pleads factual content allows draw reasonable inference defendant liable misconduct alleged plausibility standard akin probability requirement asks sheer possibility defendant acted unlawfully ibid complaint pleads facts merely consistent defendant liability stops short line possibility plausibility relief brackets omitted two working principles underlie decision twombly first tenet must accept true allegations contained complaint inapplicable legal conclusions threadbare recitals elements cause action supported mere conclusory statements suffice although purposes motion dismiss must take factual allegations complaint true bound accept true legal conclusion couched factual allegation internal quotation marks omitted rule marks notable generous departure regime prior era unlock doors discovery plaintiff armed nothing conclusions second complaint plausible claim relief survives motion dismiss determining whether complaint plausible claim relief appeals observed task requires reviewing draw judicial experience common sense facts permit infer mere possibility misconduct complaint alleged show pleader entitled relief fed rule civ proc keeping principles considering motion dismiss choose begin identifying pleadings conclusions entitled assumption truth legal conclusions provide framework complaint must supported factual allegations factual allegations assume veracity determine whether plausibly give rise entitlement relief decision twombly illustrates approach considered sufficiency complaint alleging incumbent telecommunications providers entered agreement compete forestall competitive entry violation sherman act recognizing enjoins anticompetitive conduct effected contract combination conspiracy copperweld independence tube plaintiffs twombly flatly pleaded defendants ha entered contract combination conspiracy prevent competitive entry ha agreed compete one another internal quotation marks omitted complaint also alleged defendants parallel course conduct prevent competition inflate prices indicative unlawful agreement alleged ibid internal quotation marks omitted held plaintiffs complaint deficient rule first noted plaintiffs assertion unlawful agreement entitled assumption truth simply credited allegation conspiracy plaintiffs stated claim relief entitled proceed perforce next addressed nub plaintiffs complaint nonconclusory factual allegation parallel behavior determine whether gave rise plausible suggestion conspiracy acknowledging parallel conduct consistent unlawful agreement nevertheless concluded plausibly suggest illicit accord compatible indeed likely explained lawful unchoreographed behavior fact parallel conduct accepted true plausibly suggest unlawful agreement held plaintiffs complaint must dismissed twombly construction rule conclude respondent complaint nudged claims invidious discrimination across line conceivable plausible ibid begin analysis identifying allegations complaint entitled assumption truth respondent pleads petitioners knew condoned willfully maliciously agreed subject harsh conditions confinement matter policy solely account religion race national origin legitimate penological interest complaint app pet cert complaint alleges ashcroft principal architect invidious policy mueller instrumental adopting executing bare assertions much like pleading conspiracy twombly amount nothing formulaic recitation elements constitutional discrimination claim namely petitioners adopted policy merely spite adverse effects upon identifiable group feeney allegations conclusory entitled assumed true twombly supra clear reject bald allegations ground unrealistic nonsensical characterize twombly rejected plaintiffs express allegation combination conspiracy prevent competitive entry thought claim chimerical maintained conclusory nature respondent allegations rather extravagantly fanciful nature disentitles presumption truth next consider factual allegations respondent complaint determine plausibly suggest entitlement relief complaint alleges fbi direction defendant mueller arrested detained thousands arab muslim men part investigation events september complaint app pet cert claims policy holding detainees highly restrictive conditions confinement fbi approved defendants ashcroft mueller discussions weeks september taken true allegations consistent petitioners purposefully designating detainees high interest race religion national origin given likely explanations plausibly establish purpose september attacks perpetrated arab muslim hijackers counted members good standing al qaeda islamic fundamentalist group al qaeda headed another arab muslim osama bin laden composed large part arab muslim disciples come surprise legitimate policy directing law enforcement arrest detain individuals suspected link attacks produce disparate incidental impact arab muslims even though purpose policy target neither arabs muslims facts respondent alleges arrests mueller oversaw likely lawful justified nondiscriminatory intent detain aliens illegally present potential connections committed terrorist acts obvious alternative explanation arrests twombly supra purposeful invidious discrimination respondent asks us infer discrimination plausible conclusion even complaint facts give rise plausible inference respondent arrest result unconstitutional discrimination inference alone entitle respondent relief important recall respondent complaint challenges neither constitutionality arrest initial detention mdc respondent constitutional claims petitioners rest solely ostensible policy holding detainees admax shu categorized high interest complaint app pet cert prevail theory complaint must contain facts plausibly showing petitioners purposefully adopted policy classifying detainees high interest race religion national origin complaint fails though respondent alleges various defendants us may labeled person high interest impermissible reasons factual allegation petitioners accuses adopting policy approving restrictive conditions confinement detainees fbi ibid accepting truth allegation complaint show even intimate petitioners purposefully housed detainees admax shu due race religion national origin plausibly suggests nation top law enforcement officers aftermath devastating terrorist attack sought keep suspected terrorists secure conditions available suspects cleared terrorist activity respondent argue motive violate petitioners constitutional obligations need allege way factual content nudg claim purposeful discrimination across line conceivable plausible twombly sure respondent attempt draw certain contrasts pleadings considered twombly pleadings issue twombly complaint alleged general wrongdoing extended period years whereas complaint alleges discrete wrongs instance beatings lower level government actors allegations true condoned petitioners basis inference wrongful intent petitioners part despite distinctions respondent pleadings suffice state claim unlike twombly doctrine respondeat superior bind corporate defendant noted petitioners held liable unless acted account constitutionally protected characteristic yet respondent complaint contain factual allegation sufficient plausibly suggest petitioners discriminatory state mind pleadings thus meet standard necessary comply rule important note however express opinion concerning sufficiency respondent complaint defendants us respondent account prison ordeal alleges serious official misconduct need address decision limited determination respondent complaint entitle relief petitioners respondent offers three arguments bear disposition case none persuasive respondent first says decision twombly limited pleadings made context antitrust dispute iqbal brief argument supported twombly incompatible federal rules civil procedure though twombly determined sufficiency complaint sounding antitrust decision based interpretation application rule rule turn governs pleading standard civil actions proceedings district courts fed rule civ proc decision twombly expounded pleading standard civil actions applies antitrust discrimination suits alike see respondent next implies construction rule tempered appeals instructed district cabin discovery way preserve petitioners defense qualified immunity much possible anticipation summary judgment motion iqbal brief held however question presented motion dismiss complaint insufficient pleadings turn controls placed upon discovery process twombly supra answer say claim shy plausible entitlement relief groundless weeded early discovery process careful case management given common lament success judicial supervision checking discovery abuse modest side internal quotation marks citation omitted rejection approach especially important suits defendants entitled assert defense qualified immunity basic thrust doctrine free officials concerns litigation including avoidance disruptive discovery siegert gilley kennedy concurring judgment serious legitimate reasons government official devote time duties formulation sound responsible policies counterproductive require substantial diversion attendant participating litigation making informed decisions proceed litigation though necessary ensure officials comply law exacts heavy costs terms efficiency expenditure valuable time resources might otherwise directed proper execution work government costs diversion magnified government officials charged responding judge cabranes aptly put national international security emergency unprecedented history american republic answer concerns say discovery petitioners deferred pretrial proceedings continue defendants quite likely discovery parties proceeds prove necessary petitioners counsel participate process ensure case develop misleading slanted way causes prejudice position even petitioners yet subject discovery orders free burdens discovery decline respondent invitation relax pleading requirements ground appeals promises petitioners minimally intrusive discovery promise provides especially cold comfort pleading context impelled give real content concept qualified immunity officials must neither deterred detracted vigorous performance duties respondent complaint deficient rule entitled discovery cabined otherwise respondent finally maintains federal rules expressly allow allege petitioners discriminatory intent generally equates conclusory allegation iqbal brief citing fed rule civ proc follows respondent says complaint sufficiently well pleaded claims petitioners discriminated account religion race national origin legitimate penological interest complaint app pet cert required accept allegation true respondent complaint survive petitioners motion dismiss federal rules require courts credit complaint conclusory statements without reference factual context true rule requires particularity pleading fraud mistake allowing alice intent knowledge conditions person mind alleged generally generally relative term context rule compared particularity requirement applicable fraud mistake rule merely excuses party pleading discriminatory intent elevated pleading standard give license evade less rigid though still operative strictures rule see wright miller federal practice procedure ed rigid rule requiring detailed pleading condition mind undesirable absent overriding considerations pressing specificity requirement case averments fraud mistake general plain statement claim mandate rule control second sentence rule rule empower respondent plead bare elements cause action affix label general allegation expect complaint survive motion dismiss hold respondent complaint fails plead sufficient facts state claim purposeful unlawful discrimination petitioners appeals decide first instance whether remand district respondent seek leave amend deficient complaint judgment appeals reversed case remanded proceedings consistent opinion ordered john ashcroft former attorney general et petitioners javaid iqbal et al writ certiorari appeals second circuit may justice souter justice stevens justice ginsburg justice breyer join dissenting case uncontested assumption bivens six unknown fed narcotics agents allows personal liability based federal officer violation individual rights first fifth amendments comes us explicit concession petitioners ashcroft mueller officer may subject bivens liability supervisor grounds respondeat superior apparently rejects concession although bearing majority resolution case away supervisory liability bivens majority misapplies pleading standard bell atlantic twombly conclude complaint fails state claim respectfully dissent rejection supervisory liability cognizable claim face petitioners concession holding complaint fails satisfy rule federal rules civil procedure respondent iqbal arrested november charges conspiracy defraud fraud relation identification documents placed pretrial detention metropolitan detention center brooklyn new york iqbal hasty alleges fbi officials carried discriminatory policy designating person high investigation september attacks solely race religion national origin owing designation placed detention center administrative maximum special housing unit six months awaiting fraud trial mention fully iqbal contends ashcroft mueller least aware discriminatory detention policy condoned perhaps even took part devising thereby violating first fifth amendment iqbal claims day transferred special unit prison guards without provocation picked threw wall kicked stomach punched face dragged across room first amended complaint jg ja app pet cert hereinafter complaint says attacked second time sought medical attention denied care two weeks according iqbal complaint prison staff special unit subjected unjustified strip body cavity searches verbally berated killer refused give adequate food intentionally turned air conditioning winter heating summer claims prison staff interfered attempts pray engage religious study access counsel district denied ashcroft mueller motion dismiss iqbal discrimination claim appeals affirmed ashcroft mueller asked grant certiorari two questions whether conclusory allegation officer official knew condoned agreed subject plaintiff allegedly unconstitutional acts purportedly committed subordinate officials sufficient state claims officials bivens whether officer official may held personally liable allegedly unconstitutional acts subordinate officials ground supervisors constructive notice discrimination allegedly carried subordinate officials pet cert granted certiorari questions first pleading second goes liability standard first question ashcroft mueller ask whether officer official knew condoned agreed subject plaintiff allegedly unconstitutional acts committed subordinate officials subject liability bivens fact conceded petition certiorari liable actual knowledge discrimination subordinates exhibited discrimination pet cert quoting farmer brennan instead asked address whether iqbal allegations call conclusory sufficient satisfy rule particular whether appeals misapplied decision twombly construing rule pet cert second question ashcroft mueller asked say whether held personally liable actions subordinates based theory constructive notice subordinates unconstitutional conduct odd question pose since iqbal never claimed ashcroft mueller liable constructive notice theory may second question challenged one possible ground imposing supervisory liability bivens sum questions assumed defendant raise bivens claim theories supervisory liability constructive notice neither question asked parties address elements liability briefing merits stage different ashcroft mueller argued factual allegations iqbal complaint insufficient overcome claim qualified immunity also contended held liable theory constructive notice conceded however subject supervisory liability actual knowledge assertedly discriminatory nature classification suspects high interest deliberately indifferent discrimination brief petitioners see also reply brief petitioners iqbal argued allegations complaint sufficient rule twombly conceded matter law recover theory respondeat superior see brief respondent iqbal thus parties agreed proper standard supervisory liability disputed question whether iqbal complaint satisfied rule without acknowledging parties agreement standard supervisory liability asserts must sua sponte decide scope supervisory liability ante agree absent ashcroft mueller concession determination made without knowing elements supervisory liability claim way determine whether plaintiff made factual allegations amounting grounds relief claim see twombly deciding scope supervisory bivens liability case uncalled several reasons starting position ashcroft mueller taken following first ashcroft mueller noted made critical concession supervisor knowledge subordinate unconstitutional conduct deliberate indifference conduct grounds bivens liability iqbal seeks recover theory ashcroft mueller least knowingly acquiesced maybe acquiesced discriminatory acts subordinates show satisfy ashcroft mueller test supervisory liability see farmer supra explaining prison official acts deliberate indifference official acted failed act despite knowledge substantial risk serious harm normally override party concession see international business machines holding inappropriate us xamine case without benefit parties briefing issue government conceded especially inappropriate issue unnecessary decide case see infra therefore accept ashcroft mueller concession purposes case proceed consider whether complaint alleges least knowledge deliberate indifference second concession received briefing argument proper scope supervisory liability much less argument normally require mapp ohio harlan dissenting consequently position decide precise contours supervisory liability issue complicated one divided courts appeals see infra recently remarked danger bad decisionmaking briefing question woefully inadequate pearson callahan slip yet today majority answers question briefing attendant risk error palpable finally approach unfair iqbal entitled rely ashcroft mueller concession petition certiorari merits briefs held liable theory knowledge deliberate indifference overriding concession denies iqbal fair chance heard question majority however ignore concession according majority iqbal concededly recover theory respondeat superior follows recover theory supervisory liability ante majority says bivens action masters answer torts servants term liability misnomer bsent vicarious liability government official title notwithstanding liable misconduct ibid lest mistake words majority narrowing scope supervisory liability eliminating bivens supervisory liability entirely nature supervisory liability theory supervisor may liable certain conditions wrongdoing subordinates principle majority rejects ante etitioners held liable unless acted account constitutionally protected characteristic dangers majority readiness proceed without briefing argument apparent cursory analysis rests assumption two outcomes possible respondeat superior liability employer subject liability torts committed employees acting within scope employment restatement third agency supervisory liability dichotomy false even employer liable actions employee solely employee acting within scope employment still might conditions render supervisor liable conduct subordinate see whitfield distinguishing respondeat superior liability supervisory liability bennett eastpointe richardson goord hall lombardi fact quite spectrum possible tests supervisory liability imposed supervisor actual knowledge subordinate constitutional violation acquiesces see baker monroe woodward worland supervisors conduct facilitate approve condone turn blind eye fear might see international action center cadc roberts quoting jones chicago posner supervisor actual knowledge violation reckless supervision subordinate see hall supra supervisor grossly negligent see lipsett university puerto rico unsure general test supervisory liability absence briefing argument position choose devise one neither majority remarkable foray supervisory liability conclusion bearing resolution case majority says allegations complaint ashcroft mueller authorized condoned even aware subordinates discriminatory conduct conclusory therefore entitled assumed true ante explain conclusion unsound majority understanding rule pleading standards even majority accepted ashcroft mueller concession asked whether complaint sufficiently alleges knowledge deliberate indifference presumably still conclude complaint fails plead sufficient facts must ii given petitioners concession complaint satisfies rule ashcroft mueller admit liable subordinates conduct actual knowledge assertedly discriminatory nature classification suspects high interest deliberately indifferent discrimination brief petitioners iqbal alleges september attacks federal bureau investigation fbi arrested detained thousands arab muslim men complaint app pet cert many men designated fbi officials high interest many cases including iqbal designation made race religion national origin detainees evidence detainees involvement supporting terrorist activity complaint alleges ashcroft principal architect policies practices challenged mueller instrumental adoption promulgation implementation policies practices challenged according complaint ashcroft mueller knew condoned willfully maliciously agreed subject iqbal conditions confinement matter policy solely account religion race national origin legitimate penological interest complaint thus alleges bare minimum ashcroft mueller knew condoned discriminatory policy subordinates carried actually complaint goes alleging ashcroft muller affirmatively acted create discriminatory detention policy factual allegations true ashcroft mueller least aware discriminatory policy implemented deliberately indifferent ashcroft mueller argue allegations fail satisfy plausibility standard twombly contend iqbal claims implausible officials tend personally involved specific actions officers bureaucratic chain command brief petitioners response bespeaks fundamental misunderstanding enquiry twombly demands twombly require stage consider whether factual allegations probably true made clear contrary must take allegations true matter skeptical may see twombly must proceed assumption allegations complaint true even doubtful fact complaint may proceed even strikes savvy judge actual proof facts alleged improbable see also neitzke williams rule countenance dismissals based judge disbelief complaint factual allegations sole exception rule lies allegations sufficiently fantastic defy reality know claims little green men plaintiff recent trip pluto experiences time travel twombly relevant question whether assuming factual allegations true plaintiff stated ground relief plausible twombly words plaintiff must allege facts taken true suggestive illegal conduct twombly faced allegations conspiracy violate sherman act parallel conduct difficulty conduct alleged consistent conspiracy much line wide swath rational competitive business strategy unilaterally prompted common perceptions market held sort circumstance allegation parallel conduct much like naked assertion conspiracy complaint gets complaint close stating claim without factual enhancement stops short line possibility plausibility relief brackets omitted contrast allegations complaint neither confined naked legal conclusions consistent legal conduct complaint alleges fbi officials discriminated iqbal solely account race religion national origin alleges knowledge deliberate indifference ashcroft mueller admission sufficient make liable illegal action iqbal complaint therefore contains enough facts state claim relief plausible face understand majority disagree understanding plausibility twombly rather majority discards allegations discussed regard ashcroft mueller conclusory left considering two statements complaint fbi direction defendant mueller arrested detained thousands arab muslim men part investigation events september complaint app pet cert policy holding detainees highly restrictive conditions confinement fbi approved defendants ashcroft mueller discussions weeks september see ante think majority right saying allegations suggest ashcroft mueller sought keep suspected terrorists secure conditions available suspects cleared terrorist activity ante produced disparate incidental impact arab muslims ante agree two allegations selected majority standing alone state plausible entitlement relief unconstitutional discrimination allegations stand alone significant nonconclusory statements complaint complaint contains many allegations linking ashcroft mueller discriminatory practices subordinates see complaint app pet cert ashcroft principal architect discriminatory policy mueller instrumental adopting executing discriminatory policy ashcroft mueller knew condoned willfully maliciously agreed subject iqbal harsh conditions matter policy solely account religion race national origin legitimate penological interest majority says bare assertions much like pleading conspiracy twombly amount nothing recitation elements constitutional discrimination claim therefore entitled assumed true ante quoting twombly supra fallacy majority position however lies looking relevant assertions isolation complaint contains specific allegations aftermath september attacks chief fbi international terrorism operations section assistant special agent charge fbi new york field office implemented policy discriminated arab muslim men including iqbal solely account race religion national origin see complaint app pet cert viewed light subsidiary allegations allegations singled majority conclusory thing iqbal claim ashcroft mueller knew condoned willfully maliciously agreed subject discriminatory practice left undefined allegation knew condoned willfully maliciously agreed subject particular discrete discriminatory policy detailed complaint iqbal say merely ashcroft architect amorphous discrimination mueller instrumental constitutional violation alleges helped create discriminatory policy described taking complaint whole gives ashcroft mueller notice claim grounds upon rests twombly quoting conley gibson omission original aside majority holding statements selects conclusory squared treatment certain allegations complaint nonconclusory example majority takes true statement policy holding detainees highly restrictive conditions confinement fbi approved defendants ashcroft mueller discussions weeks september complaint app pet cert see ante statement makes two points september fbi held certain detainees highly restrictive conditions ashcroft mueller discussed approved conditions majority says allegations conclusory see majority deems merely conclusory iqbal alleges september fbi designated arab muslim detainees race religion national origin detainees evidence detainees involvement supporting terrorist activity complaint app pet cert ashcroft mueller knew condoned willfully maliciously agreed discrimination lights principled basis majority disregard allegations linking ashcroft mueller subordinates discrimination respectfully dissent john ashcroft former attorney general et petitioners javaid iqbal et al writ certiorari appeals second circuit may justice breyer dissenting agree justice souter join dissent write separately point like believe important prevent unwarranted litigation interfering proper execution work government ante find need adequate justification interpretation bell atlantic twombly federal rule civil procedure law provides trial courts legal weapons designed prevent unwarranted interference second circuit explained government defendant asserts qualified immunity defense trial responsible managing case mindful need vindicate purpose qualified immunity defense structure discovery ways diminish risk imposing unwarranted burdens upon public officials see iqbal hasty district example begin discovery lower level government defendants determining whether case made allow discovery related higher level government officials see ibid neither briefs opinion provides convincing grounds finding alternative tools inadequate either general case us reason well independently sufficient reasons set forth justice souter opinion affirm second circuit footnotes iqbal makes claim ashcroft mueller based simply right pretrial detainee free punishment prior adjudication guilt fraud charges see bell wolfish mistaken majority rejection concession somehow outcome determinative approach even unfair iqbal previously explained see supra iqbal reason argue apparently dispositive supervisory liability standard light concession