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The Iqbal Briefs: The Unindicted Players

By K.C. Johnson

Friday?s Wall Street Journal profiled the recent Supreme Court decision Ashcroft v. Iqbal, which is now at the heart of the lacrosse case. At the request of Duke?s attorneys, Judge Beaty allowed all parties to the case to file briefs regarding Iqbal; offerings from Duke, various Durham entities, and DNA Security have arrived. Attorneys for the lacrosse players will now have 20 days to respond. Even though the 5-4 decision dealt with national security affairs, two of its findings had much broader relevance. First, the Court held that former Attorney General John Ashcroft and FBI director Robert Mueller could not be held liable?in a ?supervisory? capacity?for the allegedly discriminatory activities of their subordinates. Second, the Court made it easier for judges to dismiss civil suits before the discovery process begins, since, according to Justice Kennedy, ?While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations...continue to full post

Full post as published by Durham-in-Wonderland on June 29, 2009 (boomark / email).