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In pleading, a general denial is a denial that relates to all allegations which are not otherwise pleaded to. Many legal systems provide that in a statement of defense, any allegation made by the plaintiff which is not traversed (i.e. specifically denied or "not-admitted") is deemed to have been admitted by the defendants. [1]
Foulk, No. 20-CV-00181-SI, 2021 WL 6135325 (N.D. Cal. Dec. 29, 2021), the United States District Court for the Northern District of California denied a federal habeas petition under 28 U.S.C §2254 because, according to the Antiterrorism and Effective Death Penalty Act of 1996, a federal court does not have the authority to review a claim ...
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In that case, the United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack ...
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
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