OPINION OF THE COURT
ASHCROFT V. IQBAL
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-1015
JOHN D. ASHCROFT, FORMER ATTORNEY GENERAL,
et al., PETITIONERS
v. JAVAID IQBAL et al.
on writ of certiorari to the united states court of
appeals for the second circuit
[May 18, 2009]
Justice Kennedy delivered the
opinion of the Court.
Respondent Javaid Iqbal is a
citizen of Pakistan and a Muslim. In the wake of the September 11,
2001, terrorist attacks he was arrested in the United States on
criminal charges and detained by federal officials. Respondent
claims he was deprived of various constitutional protections while
in federal custody. To redress the alleged deprivations, respondent
filed a complaint against numerous federal officials, including
John Ashcroft, the former Attorney General of the United States,
and Robert Mueller, the Director of the Federal Bureau of
Investigation (FBI). Ashcroft and Mueller are the petitioners in
the case now before us. As to these two petitioners, the complaint
alleges that they adopted an unconstitutional policy that subjected
respondent to harsh conditions of confinement on account of his
race, religion, or national origin.
In the District Court petitioners raised the
defense of qualified immunity and moved to dismiss the suit,
contending the complaint was not sufficient to state a claim
against them. The District Court denied the motion to dismiss,
concluding the complaint was sufficient to state a claim despite
petitioners’ official status at the times in question. Petitioners
brought an interlocutory appeal in the Court of Appeals for the
Second Circuit. The court, without discussion, assumed it had
jurisdiction over the order denying the motion to dismiss; and it
affirmed the District Court’s decision.
Respondent’s account of his prison ordeal
could, if proved, demonstrate unconstitutional misconduct by some
governmental actors. But the allegations and pleadings with respect
to these actors are not before us here. This case instead turns on
a narrower question: Did respondent, as the plaintiff in the
District Court, plead factual matter that, if taken as true, states
a claim that petitioners deprived him of his clearly established
constitutional rights. We hold respondent’s pleadings are
insufficient.
I
Following the 2001 attacks, the
FBI and other entities within the Department of Justice began an
investigation of vast reach to identify the assailants and prevent
them from attacking anew. The FBI dedicated more than 4,000 special
agents and 3,000 support personnel to the endeavor. By September 18
“the FBI had received more than 96,000 tips or potential leads from
the public.” Dept. of Justice, Office of Inspector General, The
September 11 Detainees: A Review of the Treatment of Aliens Held on
Immigration Charges in Connection with the Investigation of the
September 11 Attacks 1, 11–12 (Apr. 2003) (hereinafter OIG Report),
http://www.usdoj.gov/oig/special/
0306/full.pdf?bcsi_scan_61073EC0F74759AD=0&bcsi_scan_filename=full.pdf
(as visited May 14, 2009, and available in Clerk of Court’s case
file).
In the ensuing months the FBI
questioned more than 1,000 people with suspected links to the
attacks in particular or to terrorism in general.
Id., at
1. Of those individuals, some 762 were held on immigration charges;
and a 184-member subset of that group was deemed to be “of ‘high
interest’ ” to the investigation.
Id., at 111. The
high-interest detainees were held under restrictive conditions
designed to prevent them from communicating with the general prison
population or the outside world.
Id., at 112–113.
Respondent was one of the detainees. According
to his complaint, in November 2001 agents of the FBI and
Immigration and Naturalization Service arrested him on charges of
fraud in relation to identification documents and conspiracy to
defraud the United States.
Iqbal v.
Hasty, 490
F. 3d 143, 147–148 (CA2 2007). Pending trial for those crimes,
respondent was housed at the Metropolitan Detention Center (MDC) in
Brooklyn, New York. Respondent was designated a person “of high
interest” to the September 11 investigation and in January 2002 was
placed in a section of the MDC known as the Administrative Maximum
Special Housing Unit (ADMAX SHU).
Id., at 148. As the
facility’s name indicates, the ADMAX SHU incorporates the maximum
security conditions allowable under Federal Bureau of Prison
regulations.
Ibid. ADMAX SHU detainees were kept in
lockdown 23 hours a day, spending the remaining hour outside their
cells in handcuffs and leg irons accompanied by a four-officer
escort.
Ibid.
Respondent pleaded guilty to the criminal
charges, served a term of imprisonment, and was removed to his
native Pakistan.
Id., at 149. He then filed a
Bivens action in the United States District Court for the
Eastern District of New York against 34 current and former federal
officials and 19 “John Doe” federal corrections officers. See
Bivens v.
Six Unknown Fed. Narcotics Agents,
403 U. S. 388
(1971). The defendants range from the correctional officers who had
day-to-day contact with respondent during the term of his
confinement, to the wardens of the MDC facility, all the way to
petitioners—officials who were at the highest level of the federal
law enforcement hierarchy. First Amended Complaint in No.
04–CV–1809 (JG)(JA), ¶¶1011, App. to Pet. for Cert. 157a
(hereinafter Complaint).
The 21-cause-of-action complaint does not
challenge respondent’s arrest or his confinement in the MDC’s
general prison population. Rather, it concentrates on his treatment
while confined to the ADMAX SHU. The complaint sets forth various
claims against defendants who are not before us. For instance, the
complaint alleges that respondent’s jailors “kicked him in the
stomach, punched him in the face, and dragged him across” his cell
without justification,
id., ¶113, App. to Pet. for Cert.
176a; subjected him to serial strip and body-cavity searches when
he posed no safety risk to himself or others,
id.,
¶¶143–145, App. to Pet. for Cert. 182a; and refused to let him and
other Muslims pray because there would be “[n]o prayers for
terrorists,”
id., ¶154, App. to Pet. for Cert. 184a.
The allegations against petitioners are the
only ones relevant here. The complaint contends that petitioners
designated respondent a person of high interest on account of his
race, religion, or national origin, in contravention of the First
and Fifth Amendments to the Constitution. The complaint alleges
that “the [FBI], under the direction of Defendant MUELLER, arrested
and detained thousands of Arab Muslim men … as part of its
investigation of the events of September 11.”
Id., ¶47, at
164a. It further alleges that “[t]he policy of holding
post-September-11th detainees in highly restrictive conditions of
confinement until they were ‘cleared’ by the FBI was approved by
Defendants ASHCROFT and MUELLER in discussions in the weeks after
September 11, 2001.”
Id., ¶69, at 168a. Lastly, the
complaint posits that petitioners “each knew of, condoned, and
willfully and maliciously agreed to subject” respondent to harsh
conditions of confinement “as a matter of policy, solely on account
of [his] religion, race, and/or national origin and for no
legitimate penological interest.”
Id., ¶96, at 172a–173a.
The pleading names Ashcroft as the “principal architect” of the
policy,
id., ¶10, at 157a, and identifies Mueller as
“instrumental in [its] adoption, promulgation, and implementation.”
Id., ¶11, at 157a.
Petitioners moved to dismiss the complaint for
failure to state sufficient allegations to show their own
involvement in clearly established unconstitutional conduct. The
District Court denied their motion. Accepting all of the
allegations in respondent’s complaint as true, the court held that
“it cannot be said that there [is] no set of facts on which
[respondent] would be entitled to relief as against” petitioners.
Id., at 136a–137a (relying on
Conley v.
Gibson,
355
U. S. 41 (1957)). Invoking the collateral-order doctrine
petitioners filed an interlocutory appeal in the United States
Court of Appeals for the Second Circuit. While that appeal was
pending, this Court decided
Bell Atlantic Corp. v.
Twombly,
550 U. S. 544 (2007), which discussed
the standard for evaluating whether a complaint is sufficient to
survive a motion to dismiss.
The Court of Appeals considered
Twombly’s applicability to this case. Acknowledging that
Twombly retired the
Conley no-set-of-facts test
relied upon by the District Court, the Court of Appeals’ opinion
discussed at length how to apply this Court’s “standard for
assessing the adequacy of pleadings.” 490 F. 3d, at 155. It
concluded that
Twombly called for a “flexible
‘plausibility standard,’ which obliges a pleader to amplify a claim
with some factual allegations in those contexts where such
amplification is needed to render the claim
plausible.”
Id., at 157–158. The court found that petitioners’ appeal
did not present one of “those contexts” requiring amplification. As
a consequence, it held respondent’s pleading adequate to allege
petitioners’ personal involvement in discriminatory decisions
which, if true, violated clearly established constitutional law.
Id., at 174.
Judge Cabranes concurred. He agreed that the
majority’s “discussion of the relevant pleading standards
reflect[ed] the uneasy compromise … between a qualified immunity
privilege rooted in the need to preserve the effectiveness of
government as contemplated by our constitutional structure and the
pleading requirements of Rule 8(a) of the Federal Rules of Civil
Procedure.”
Id., at 178 (internal quotation marks and
citations omitted). Judge Cabranes nonetheless expressed concern at
the prospect of subjecting high-ranking Government
officials—entitled to assert the defense of qualified immunity and
charged with responding to “a national and international security
emergency unprecedented in the history of the American Republic”—to
the burdens of discovery on the basis of a complaint as nonspecific
as respondent’s.
Id., at 179. Reluctant to vindicate that
concern as a member of the Court of Appeals,
ibid., Judge
Cabranes urged this Court to address the appropriate pleading
standard “at the earliest opportunity.”
Id., at 178. We
granted certiorari, 554 U. S. ___ (2008), and now reverse.
II
We first address whether the
Court of Appeals had subject-matter jurisdiction to affirm the
District Court’s order denying petitioners’ motion to dismiss.
Respondent disputed subject-matter jurisdiction in the Court of
Appeals, but the court hardly discussed the issue. We are not free
to pretermit the question. Subject-matter jurisdiction cannot be
forfeited or waived and should be considered when fairly in doubt.
Arbaugh v.
Y & H Corp.,
546 U. S. 500, 514
(2006) (citing
United States v.
Cotton,
535 U. S. 625, 630
(2002)). According to respondent, the District Court’s order
denying petitioners’ motion to dismiss is not appealable under the
collateral-order doctrine. We disagree.
A
With exceptions inapplicable
here, Congress has vested the courts of appeals with “jurisdiction
of appeals from all final decisions of the district courts of the
United States.” 28 U. S. C. §1291. Though the statute’s
finality requirement ensures that “interlocutory appeals—appeals
before the end of district court proceedings—are the exception, not
the rule,”
Johnson v.
Jones,
515 U. S. 304, 309 (1995), it does not
prevent “review of all prejudgment orders.”
Behrens v.
Pelletier,
516 U. S. 299, 305
(1996). Under the collateral-order doctrine a limited set of
district-court orders are reviewable “though short of final
judgment.”
Ibid. The orders within this narrow category
“are immediately appealable because they ‘finally determine claims
of right separable from, and collateral to, rights asserted in the
action, too important to be denied review and too independent of
the cause itself to require that appellate consideration be
deferred until the whole case is adjudicated.’ ”
Ibid. (quoting
Cohen v.
Beneficial Industrial
Loan Corp., 337
U. S. 541, 546 (1949)).
A district-court decision denying
a Government officer’s claim of qualified immunity can fall within
the narrow class of appealable orders despite “the absence of a
final judgment.”
Mitchell v.
Forsyth,
472 U. S. 511, 530
(1985). This is so because qualified immunity—which shields
Government officials “from liability for civil damages insofar as
their conduct does not violate clearly established statutory or
constitutional rights,”
Harlow v.
Fitzgerald,
457 U. S. 800,
818 (1982)—is both a defense to liability and a limited
“entitlement not to stand trial or face the other burdens of
litigation.”
Mitchell,
supra, 472 U. S., at 526.
Provided it “turns on an issue of law,”
id., at 530, a
district-court order denying qualified immunity
“ ‘conclusively determine[s]’ ” that the defendant must
bear the burdens of discovery; is “conceptually distinct from the
merits of the plaintiff’s claim”; and would prove “effectively
unreviewable on appeal from a final judgment.”
Id., at
527528 (citing
Cohen, supra, at 546). As a general matter,
the collateral-order doctrine may have expanded beyond the limits
dictated by its internal logic and the strict application of the
criteria set out in
Cohen. But the applicability of the
doctrine in the context of qualified-immunity claims is well
established; and this Court has been careful to say that a district
court’s order rejecting qualified immunity at the motion-to-dismiss
stage of a proceeding is a “final decision” within the meaning of
§1291.
Behrens, 516 U. S., at 307
.
B
Applying these principles, we
conclude that the Court of Appeals had jurisdiction to hear
petitioners’ appeal. The District Court’s order denying
petitioners’ motion to dismiss turned on an issue of law and
rejected the defense of qualified immunity. It was therefore a
final decision “subject to immediate appeal.” Ibid. Respondent
says that “a qualified immunity appeal based solely on the
complaint’s failure to state a claim, and not on the ultimate
issues relevant to the qualified immunity defense itself, is not a
proper subject of interlocutory jurisdiction.” Brief for Respondent
Iqbal 15 (hereinafter Iqbal Brief). In other words, respondent
contends the Court of Appeals had jurisdiction to determine whether
his complaint avers a clearly established constitutional violation
but that it lacked jurisdiction to pass on the sufficiency of his
pleadings. Our opinions, however, make clear that appellate
jurisdiction is not so strictly confined.
In
Hartman v.
Moore,
547 U. S. 250 (2006),
the Court reviewed an interlocutory decision denying qualified
immunity. The legal issue decided in
Hartman concerned the
elements a plaintiff “must plead and prove in order to win” a First
Amendment retaliation claim.
Id., at 257, n. 5.
Similarly, two Terms ago in
Wilkie v.
Robbins,
551 U. S. 537
(2007), the Court considered another interlocutory order denying
qualified immunity. The legal issue there was whether a
Bivens action can be employed to challenge interference
with property rights. 551 U. S., at 549, n. 4. These cases
cannot be squared with respondent’s argument that the
collateral-order doctrine restricts appellate jurisdiction to the
“ultimate issu[e]” whether the legal wrong asserted was a violation
of clearly established law while excluding the question whether the
facts pleaded establish such a violation. Iqbal Brief 15. Indeed,
the latter question is even more clearly within the category of
appealable decisions than the questions presented in
Hartman and
Wilkie, since whether a particular
complaint sufficiently alleges a clearly established violation of
law cannot be decided in isolation from the facts pleaded. In that
sense the sufficiency of respondent’s pleadings is both
“inextricably intertwined with,”
Swint v.
Chambers
County Comm’n,
514 U. S. 35, 51 (1995),
and “directly implicated by,”
Hartman, supra, at 257,
n. 5, the qualified immunity defense.
Respondent counters that our holding in
Johnson,
515 U. S. 304, confirms the want of
subject-matter jurisdiction here. That is incorrect. The allegation
in
Johnson was that five defendants, all of them police
officers, unlawfully beat the plaintiff.
Johnson
considered “the appealability of a portion of” the District Court’s
summary judgment order that, “though entered in a ‘qualified
immunity’ case, determine[d] only” that there was a genuine issue
of material fact that three of the defendants participated in the
beating.
Id., at 313.
In finding that order not a “final decision”
for purposes of §1291, the
Johnson Court cited
Mitchell for the proposition that only decisions turning
“ ‘
on an issue of law’ ” are subject to
immediate appeal. 515 U. S., at 313
. Though determining
whether there is a genuine issue of material fact at summary
judgment is a question of law, it is a legal question that sits
near the law-fact divide. Or as we said in
Johnson, it is
a “fact-related” legal inquiry.
Id., at 314. To conduct
it, a court of appeals may be required to consult a “vast pretrial
record, with numerous conflicting affidavits, depositions, and
other discovery materials.”
Id., at 316. That process
generally involves matters more within a district court’s ken and
may replicate inefficiently questions that will arise on appeal
following final judgment.
Ibid. Finding those concerns
predominant,
Johnson held that the collateral orders that
are “final” under
Mitchell turn on “abstract,” rather than
“fact-based,” issues of law. 515 U. S., at 317.
The concerns that animated the decision in
Johnson are absent when an appellate court considers the
disposition of a motion to dismiss a complaint for insufficient
pleadings. True, the categories of “fact-based” and “abstract”
legal questions used to guide the Court’s decision in
Johnson are not well defined. Here, however, the order
denying petitioners’ motion to dismiss falls well within the latter
class. Reviewing that order, the Court of Appeals considered only
the allegations contained within the four corners of respondent’s
complaint; resort to a “vast pretrial record” on petitioners’
motion to dismiss was unnecessary.
Id., at 316. And
determining whether respondent’s complaint has the “heft” to state
a claim is a task well within an appellate court’s core competency.
Twombly, 550 U. S., at 557. Evaluating the sufficiency of
a complaint is not a “fact-based” question of law, so the problem
the Court sought to avoid in
Johnson is not implicated
here. The District Court’s order denying petitioners’ motion to
dismiss is a final decision under the collateral-order doctrine
over which the Court of Appeals had, and this Court has,
jurisdiction. We proceed to consider the merits of petitioners’
appeal.
III
In
Twombly, supra, at
553–554, the Court found it necessary first to discuss the
antitrust principles implicated by the complaint. Here too we begin
by taking note of the elements a plaintiff must plead to state a
claim of unconstitutional discrimination against officials entitled
to assert the defense of qualified immunity.
In
Bivens—proceeding on
the theory that a right suggests a remedy—this Court “recognized
for the first time an implied private action for damages against
federal officers alleged to have violated a citizen’s
constitutional rights.”
Correctional Services Corp. v.
Malesko,
534
U. S. 61, 66 (2001). Because implied causes of action are
disfavored, the Court has been reluctant to extend
Bivens
liability “to any new context or new category of defendants.” 534
U. S., at 68. See also
Wilkie, 551 U. S., at
549 –550. That reluctance might well have disposed of
respondent’s First Amendment claim of religious discrimination. For
while we have allowed a
Bivens action to redress a
violation of the equal protection component of the Due Process
Clause of the Fifth Amendment, see
Davis v.
Passman,
442 U. S. 228 (1979), we
have not found an implied damages remedy under the Free Exercise
Clause. Indeed, we have declined to extend
Bivens to a
claim sounding in the First Amendment.
Bush v.
Lucas,
462
U. S. 367 (1983). Petitioners do not press this argument,
however, so we assume, without deciding, that respondent’s First
Amendment claim is actionable under
Bivens.
In the limited settings where
Bivens
does apply, the implied cause of action is the “federal analog to
suits brought against state officials under Rev. Stat. §1979, 42 U.
S. C. §1983.”
Hartman, 547 U. S., at 254, n. 2.
Cf.
Wilson v.
Layne,
526 U. S. 603, 609
(1999). Based on the rules our precedents establish, respondent
correctly concedes that Government officials may not be held liable
for the unconstitutional conduct of their subordinates under a
theory of
respondeat superior. Iqbal Brief 46 (“[I]t is
undisputed that supervisory
Bivens liability cannot be
established solely on a theory of
respondeat superior”).
See
Monell v.
New York City Dept. of Social
Servs.,
436 U.
S. 658, 691 (1978) (finding no vicarious liability for a
municipal “person” under 42 U. S. C. §1983); see also
Dunlop v.
Munroe, 7 Cranch 242, 269 (1812) (a
federal official’s liability “will only result from his own neglect
in not properly superintending the discharge” of his subordinates’
duties);
Robertson v.
Sichel,
127 U. S. 507, 515–516
(1888) (“A public officer or agent is not responsible for the
misfeasances or position wrongs, or for the nonfeasances, or
negligences, or omissions of duty, of the subagents or servants or
other persons properly employed by or under him, in the discharge
of his official duties”). Because vicarious liability is
inapplicable to
Bivens and §1983 suits, a plaintiff must
plead that each Government-official defendant, through the
official’s own individual actions, has violated the
Constitution.
The factors necessary to establish a
Bivens violation will vary with the constitutional
provision at issue. Where the claim is invidious discrimination in
contravention of the First and Fifth Amendments, our decisions make
clear that the plaintiff must plead and prove that the defendant
acted with discriminatory purpose.
Church of Lukumi Babalu Aye,
Inc. v.
Hialeah,
508 U. S. 520, 540–541
(1993) (First Amendment);
Washington v.
Davis,
426 U. S. 229,
240 (1976) (Fifth Amendment). Under extant precedent purposeful
discrimination requires more than “intent as volition or intent as
awareness of consequences.”
Personnel Administrator of
Mass. v.
Feeney,
442 U. S. 256, 279
(1979). It instead involves a decisionmaker’s undertaking a course
of action “ ‘because of,’ not merely ‘in spite of,’ [the
action’s] adverse effects upon an identifiable group.”
Ibid. It follows that, to state a claim based on a
violation of a clearly established right, respondent must plead
sufficient factual matter to show that petitioners adopted and
implemented the detention policies at issue not for a neutral,
investigative reason but for the purpose of discriminating on
account of race, religion, or national origin.
Respondent disagrees. He argues that, under a
theory of “supervisory liability,” petitioners can be liable for
“knowledge and acquiescence in their subordinates’ use of
discriminatory criteria to make classification decisions among
detainees.” Iqbal Brief 45–46. That is to say, respondent believes
a supervisor’s mere knowledge of his subordinate’s discriminatory
purpose amounts to the supervisor’s violating the Constitution. We
reject this argument. Respondent’s conception of “supervisory
liability” is inconsistent with his accurate stipulation that
petitioners may not be held accountable for the misdeeds of their
agents. In a §1983 suit or a
Bivens action—where masters
do not answer for the torts of their servants—the term “supervisory
liability” is a misnomer. Absent vicarious liability, each
Government official, his or her title notwithstanding, is only
liable for his or her own misconduct. In the context of determining
whether there is a violation of clearly established right to
overcome qualified immunity, purpose rather than knowledge is
required to impose
Bivens liability on the subordinate for
unconstitutional discrimination; the same holds true for an
official charged with violations arising from his or her
superintendent responsibilities.
IV
A
We turn to respondent’s
complaint. Under Federal Rule of Civil Procedure 8(a)(2), a
pleading must contain a “short and plain statement of the claim
showing that the pleader is entitled to relief.” As the Court held
in
Twombly, 550 U. S. 544, the pleading standard
Rule 8 announces does not require “detailed factual allegations,”
but it demands more than an unadorned,
the-defendant-unlawfully-harmed-me accusation.
Id., at 555
(citing
Papasan v.
Allain, 478 U. S. 265, 286
(1986)). A pleading that offers “labels and conclusions” or “a
formulaic recitation of the elements of a cause of action will not
do.” 550 U. S., at 555. Nor does a complaint suffice if it tenders
“naked assertion[s]” devoid of “further factual enhancement.”
Id., at 557.
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.”
Id., at 570. A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.
Id., at 556. The plausibility standard
is not akin to a “probability requirement,” but it asks for more
than a sheer possibility that a defendant has acted unlawfully.
Ibid. Where a complaint pleads facts that are “merely
consistent with” a defendant’s liability, it “stops short of the
line between possibility and plausibility of ‘entitlement to
relief.’ ”
Id., at 557 (brackets omitted).
Two working principles underlie our decision
in
Twombly. First, the tenet that a court must accept as
true all of the allegations contained in a complaint is
inapplicable to legal conclusions. Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.
Id., at 555 (Although for the
purposes of a motion to dismiss we must take all of the factual
allegations in the complaint as true, we “are not bound to accept
as true a legal conclusion couched as a factual allegation”
(internal quotation marks omitted)). Rule 8 marks a notable and
generous departure from the hyper-technical, code-pleading regime
of a prior era, but it does not unlock the doors of discovery for a
plaintiff armed with nothing more than conclusions. Second, only a
complaint that states a plausible claim for relief survives a
motion to dismiss.
Id., at 556. Determining whether a
complaint states a plausible claim for relief will, as the Court of
Appeals observed, be a context-specific task that requires the
reviewing court to draw on its judicial experience and common
sense. 490 F. 3d, at 157–158. But where the well-pleaded facts
do not permit the court to infer more than the mere possibility of
misconduct, the complaint has alleged—but it has not
“show[n]”—“that the pleader is entitled to relief.” Fed. Rule Civ.
Proc. 8(a)(2).
In keeping with these principles a court
considering a motion to dismiss can choose to begin by identifying
pleadings that, because they are no more than conclusions, are not
entitled to the assumption of truth. While legal conclusions can
provide the framework of a complaint, they must be supported by
factual allegations. When there are well-pleaded factual
allegations, a court should assume their veracity and then
determine whether they plausibly give rise to an entitlement to
relief.
Our decision in
Twombly illustrates
the two-pronged approach. There, we considered the sufficiency of a
complaint alleging that incumbent telecommunications providers had
entered an agreement not to compete and to forestall competitive
entry, in violation of the Sherman Act, 15 U. S. C. §1.
Recognizing that §1 enjoins only anticompetitive conduct “effected
by a contract, combination, or conspiracy,”
Copperweld
Corp. v.
Independence Tube Corp.,
467 U. S. 752, 775
(1984), the plaintiffs in
Twombly flatly pleaded that the
defendants “ha[d] entered into a contract, combination or
conspiracy to prevent competitive entry … and ha[d] agreed not to
compete with one another.” 550 U. S., at 551 (internal quotation
marks omitted). The complaint also alleged that the defendants’
“parallel course of conduct … to prevent competition” and inflate
prices was indicative of the unlawful agreement alleged.
Ibid. (internal quotation marks omitted).
The Court held the plaintiffs’ complaint
deficient under Rule 8. In doing so it first noted that the
plaintiffs’ assertion of an unlawful agreement was a “ ‘legal
conclusion’ ” and, as such, was not entitled to the assumption
of truth.
Id., at 555. Had the Court simply credited the
allegation of a conspiracy, the plaintiffs would have stated a
claim for relief and been entitled to proceed perforce. The Court
next addressed the “nub” of the plaintiffs’ complaint—the
well-pleaded, nonconclusory factual allegation of parallel
behavior—to determine whether it gave rise to a “plausible
suggestion of conspiracy.”
Id., at 565–566. Acknowledging
that parallel conduct was consistent with an unlawful agreement,
the Court nevertheless concluded that it did not plausibly suggest
an illicit accord because it was not only compatible with, but
indeed was more likely explained by, lawful, unchoreographed
free-market behavior.
Id., at 567. Because the
well-pleaded fact of parallel conduct, accepted as true, did not
plausibly suggest an unlawful agreement, the Court held the
plaintiffs’ complaint must be dismissed.
Id., at 570.
B
Under
Twombly’s
construction of Rule 8, we conclude that respondent’s complaint has
not “nudged [his] claims” of invidious discrimination “across the
line from conceivable to plausible.”
Ibid.
We begin our analysis by
identifying the allegations in the complaint that are not entitled
to the assumption of truth. Respondent pleads that petitioners
“knew of, condoned, and willfully and maliciously agreed to subject
[him]” to harsh conditions of confinement “as a matter of policy,
solely on account of [his] religion, race, and/or national origin
and for no legitimate penological interest.” Complaint ¶96, App. to
Pet. for Cert. 173a–174a. The complaint alleges that Ashcroft was
the “principal architect” of this invidious policy, id., ¶10,
at 157a, and that Mueller was “instrumental” in adopting and
executing it,
id., ¶11, at 157a. These bare assertions,
much like the pleading of conspiracy in
Twombly, amount to
nothing more than a “formulaic recitation of the elements” of a
constitutional discrimination claim, 550 U. S., at 555, namely,
that petitioners adopted a policy “ ‘because of,’ not merely
‘in spite of,’ its adverse effects upon an identifiable group.”
Feeney, 442 U. S., at 279. As such, the allegations are
conclusory and not entitled to be assumed true.
Twombly,
supra, 550 U. S., at 554–555. To be clear, we do not
reject these bald allegations on the ground that they are
unrealistic or nonsensical. We do not so characterize them any more
than the Court in
Twombly rejected the plaintiffs’ express
allegation of a “ ‘contract, combination or conspiracy to
prevent competitive entry,’ ”
id., at 551, because it
thought that claim too chimerical to be maintained. It is the
conclusory nature of respondent’s allegations, rather than their
extravagantly fanciful nature, that disentitles them to the
presumption of truth.
We next consider the factual allegations in
respondent’s complaint to determine if they plausibly suggest an
entitlement to relief. The complaint alleges that “the [FBI], under
the direction of Defendant MUELLER, arrested and detained thousands
of Arab Muslim men … as part of its investigation of the events of
September 11.” Complaint ¶47, App. to Pet. for Cert. 164a. It
further claims that “[t]he policy of holding post-September-11th
detainees in highly restrictive conditions of confinement until
they were ‘cleared’ by the FBI was approved by Defendants ASHCROFT
and MUELLER in discussions in the weeks after September 11, 2001.”
Id., ¶69, at 168a. Taken as true, these allegations are
consistent with petitioners’ purposefully designating detainees “of
high interest” because of their race, religion, or national origin.
But given more likely explanations, they do not plausibly establish
this purpose.
The September 11 attacks were perpetrated by
19 Arab Muslim hijackers who counted themselves members in good
standing of al Qaeda, an Islamic fundamentalist group. Al Qaeda was
headed by another Arab Muslim—Osama bin Laden—and composed in large
part of his Arab Muslim disciples. It should come as no surprise
that a legitimate policy directing law enforcement to arrest and
detain individuals because of their suspected link to the attacks
would produce a disparate, incidental impact on Arab Muslims, even
though the purpose of the policy was to target neither Arabs nor
Muslims. On the facts respondent alleges the arrests Mueller
oversaw were likely lawful and justified by his nondiscriminatory
intent to detain aliens who were illegally present in the United
States and who had potential connections to those who committed
terrorist acts. As between that “obvious alternative explanation”
for the arrests,
Twombly, supra, at 567, and the
purposeful, invidious discrimination respondent asks us to infer,
discrimination is not a plausible conclusion.
But even if the complaint’s well-pleaded facts
give rise to a plausible inference that respondent’s arrest was the
result of unconstitutional discrimination, that inference alone
would not entitle respondent to relief. It is important to recall
that respondent’s complaint challenges neither the
constitutionality of his arrest nor his initial detention in the
MDC. Respondent’s constitutional claims against petitioners rest
solely on their ostensible “policy of holding post-September-11th
detainees” in the ADMAX SHU once they were categorized as “of high
interest.” Complaint ¶69, App. to Pet. for Cert. 168a. To prevail
on that theory, the complaint must contain facts plausibly showing
that petitioners purposefully adopted a policy of classifying
post-September-11 detainees as “of high interest” because of their
race, religion, or national origin.
This the complaint fails to do. Though
respondent alleges that various other defendants, who are not
before us, may have labeled him a person of “of high interest” for
impermissible reasons, his only factual allegation against
petitioners accuses them of adopting a policy approving
“restrictive conditions of confinement” for post-September-11
detainees until they were “ ‘cleared’ by the FBI.”
Ibid. Accepting the truth of that allegation, the
complaint does not show, or even intimate, that petitioners
purposefully housed detainees in the ADMAX SHU due to their race,
religion, or national origin. All it plausibly suggests is that the
Nation’s top law enforcement officers, in the aftermath of a
devastating terrorist attack, sought to keep suspected terrorists
in the most secure conditions available until the suspects could be
cleared of terrorist activity. Respondent does not argue, nor can
he, that such a motive would violate petitioners’ constitutional
obligations. He would need to allege more by way of factual content
to “nudg[e]” his claim of purposeful discrimination “across the
line from conceivable to plausible.”
Twombly, 550 U. S.,
at 570.
To be sure, respondent can attempt to draw
certain contrasts between the pleadings the Court considered in
Twombly and the pleadings at issue here. In
Twombly, the complaint alleged general wrongdoing that
extended over a period of years,
id., at 551, whereas here
the complaint alleges discrete wrongs—for instance, beatings—by
lower level Government actors. The allegations here, if true, and
if condoned by petitioners, could be the basis for some inference
of wrongful intent on petitioners’ part. Despite these
distinctions, respondent’s pleadings do not suffice to state a
claim. Unlike in
Twombly, where the doctrine of
respondeat superior could bind the corporate defendant,
here, as we have noted, petitioners cannot be held liable unless
they themselves acted on account of a constitutionally protected
characteristic. Yet respondent’s complaint does not contain any
factual allegation sufficient to plausibly suggest petitioners’
discriminatory state of mind. His pleadings thus do not meet the
standard necessary to comply with Rule 8.
It is important to note, however, that we
express no opinion concerning the sufficiency of respondent’s
complaint against the defendants who are not before us.
Respondent’s account of his prison ordeal alleges serious official
misconduct that we need not address here. Our decision is limited
to the determination that respondent’s complaint does not entitle
him to relief from petitioners.
C
Respondent offers three arguments
that bear on our disposition of his case, but none is
persuasive.
1
Respondent first says that our
decision in
Twombly should be limited to pleadings made in
the context of an antitrust dispute. Iqbal Brief 37–38. This
argument is not supported by
Twombly and is incompatible
with the Federal Rules of Civil Procedure. Though
Twombly
determined the sufficiency of a complaint sounding in antitrust,
the decision was based on our interpretation and application of
Rule 8. 550 U. S., at 554. That Rule in turn governs the pleading
standard “in all civil actions and proceedings in the United States
district courts.” Fed. Rule Civ. Proc. 1. Our decision in
Twombly expounded the pleading standard for “all civil
actions,”
ibid., and it applies to antitrust and
discrimination suits alike. See 550 U. S., at 555–556, and
n. 3.
2
Respondent next implies that our
construction of Rule 8 should be tempered where, as here, the Court
of Appeals has “instructed the district court to cabin discovery in
such a way as to preserve” petitioners’ defense of qualified
immunity “as much as possible in anticipation of a summary judgment
motion.” Iqbal Brief 27. We have held, however, that the question
presented by a motion to dismiss a complaint for insufficient
pleadings does not turn on the controls placed upon the discovery
process.
Twombly,
supra, at 559 (“It is no answer
to say that a claim just shy of a plausible entitlement to relief
can, if groundless, be weeded out early in the discovery process
through careful case management given the common lament that the
success of judicial supervision in checking discovery abuse has
been on the modest side” (internal quotation marks and citation
omitted)).
Our rejection of the
careful-case-management approach is especially important in suits
where Government-official defendants are entitled to assert the
defense of qualified immunity. The basic thrust of the
qualified-immunity doctrine is to free officials from the concerns
of litigation, including “avoidance of disruptive discovery.”
Siegert v.
Gilley,
500 U. S. 226, 236
(1991) (Kennedy, J., concurring in judgment). There are serious and
legitimate reasons for this. If a Government official is to devote
time to his or her duties, and to the formulation of sound and
responsible policies, it is counterproductive to require the
substantial diversion that is attendant to participating in
litigation and making informed decisions as to how it should
proceed. Litigation, though necessary to ensure that officials
comply with the law, exacts heavy costs in terms of efficiency and
expenditure of valuable time and resources that might otherwise be
directed to the proper execution of the work of the Government. The
costs of diversion are only magnified when Government officials are
charged with responding to, as Judge Cabranes aptly put it, “a
national and international security emergency unprecedented in the
history of the American Republic.” 490 F. 3d, at 179.
It is no answer to these concerns to say that
discovery for petitioners can be deferred while pretrial
proceedings continue for other defendants. It is quite likely that,
when discovery as to the other parties proceeds, it would prove
necessary for petitioners and their counsel to participate in the
process to ensure the case does not develop in a misleading or
slanted way that causes prejudice to their position. Even if
petitioners are not yet themselves subject to discovery orders,
then, they would not be free from the burdens of discovery.
We decline respondent’s invitation to relax
the pleading requirements on the ground that the Court of Appeals
promises petitioners minimally intrusive discovery. That promise
provides especially cold comfort in this pleading context, where we
are impelled to give real content to the concept of qualified
immunity for high-level officials who must be neither deterred nor
detracted from the vigorous performance of their duties. Because
respondent’s complaint is deficient under Rule 8, he is not
entitled to discovery, cabined or otherwise.
3
Respondent finally maintains that
the Federal Rules expressly allow him to allege petitioners’
discriminatory intent “generally,” which he equates with a
conclusory allegation. Iqbal Brief 32 (citing Fed. Rule Civ. Proc.
9). It follows, respondent says, that his complaint is sufficiently
well pleaded because it claims that petitioners discriminated
against him “on account of [his] religion, race, and/or national
origin and for no legitimate penological interest.” Complaint ¶96,
App. to Pet. for Cert. 172a–173a. Were we required to accept this
allegation as true, respondent’s complaint would survive
petitioners’ motion to dismiss. But the Federal Rules do not
require courts to credit a complaint’s conclusory statements
without reference to its factual context.
It is true that Rule 9(b)
requires particularity when pleading “fraud or mistake,” while
allowing “[m]alice, intent, knowledge, and other conditions of a
person’s mind [to] be alleged generally.” But “generally” is a
relative term. In the context of Rule 9, it is to be compared to
the particularity requirement applicable to fraud or mistake. Rule
9 merely excuses a party from pleading discriminatory intent under
an elevated pleading standard. It does not give him license to
evade the less rigid—though still operative—strictures of Rule 8.
See 5A C. Wright & A. Miller, Federal Practice and Procedure
§1301, p. 291 (3d ed. 2004) (“[A] rigid rule requiring the
detailed pleading of a condition of mind would be undesirable
because, absent overriding considerations pressing for a
specificity requirement, as in the case of averments of fraud or
mistake, the general ‘short and plain statement of the claim’
mandate in Rule 8(a) … should control the second sentence of Rule
9(b)”). And Rule 8 does not empower respondent to plead the bare
elements of his cause of action, affix the label “general
allegation,” and expect his complaint to survive a motion to
dismiss.
V
We hold that respondent’s
complaint fails to plead sufficient facts to state a claim for
purposeful and unlawful discrimination against petitioners. The
Court of Appeals should decide in the first instance whether to
remand to the District Court so that respondent can seek leave to
amend his deficient complaint.
The judgment of the Court of
Appeals is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
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