Supervisory liability and Ashcroft v. Iqbal.

Abstract

In sum, Iqbal has changed little about the substance of supervisory liability claims. But itspleading analysis appears to have affected the viability of these claims nonetheless. I doubtthis observation will come as a surprise to the participants in this symposium. Butrecognizing the role of pleading doctrine, rather than substantive law, in adjudicatingconstitutional claims against supervisors should clarify an ongoing debate amongpractitioners about the viability of longstanding supervisory liability theories. (from Introduction)