A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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"To survive a motion to dismiss, a complaint must contain
sufficient factual matter, accepted as true, ‘to state a claim to
relief that is plausible on its face.’" Ashcroft v. Iqbal, 129 S.
Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twom-
bly, 550 U.S. 544, 570 (2007)). A court decides whether this
standard is met by separating the legal conclusions from the
factual allegations, assuming the truth of only the factual alle-
gations, and then determining whether those allegations allow
the court to reasonably infer that "the defendant is liable for
the misconduct alleged." Id. at 1949-50. In other words, the
factual allegations (taken as true) must "permit the court to
infer more than the mere possibility of misconduct." Id. at
1950.

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