No. 24-1052

Open Justice Baltimore, et al. v. Baltimore City Law Department, et al.

Lower Court: Fourth Circuit
Docketed: 2025-04-07
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: alternative-explanation burden-of-proof civil-procedure motion-to-dismiss plausibility-threshold pleading-standard
Key Terms:
SocialSecurity FirstAmendment Securities
Latest Conference: 2025-05-02
Question Presented (AI Summary)

Whether a defendant who offers a competing alternative explanation for conduct alleged in a plaintiff's complaint bears the burden of showing that their alternative explanation renders the plaintiff's theory of liability implausible

Question Presented (OCR Extract)

The Federal Rules of Civil Procedure set forth a liberal pleading standard. Fed. R. Civ. P. 8(a). This Court has clarified that the Rules create a plausibility pleading standard, meaning that the complaint must allege “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009). When faced with a motion to dismiss, courts are bound to accept well-pleaded facts as true and draw all reasonable inferences in favor of the nonmoving party. Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007). A complaint can survive a motion to dismiss “even if it strikes a savvy judge that actual proof of those facts is improbable, and ‘that a recovery is very remote and unlikely.’” Id. at 556 (citation omitted). A defendant may prevail on a motion to dismiss when an obvious alternative explanation exists; however, courts cannot simply credit a proffered justification over a plaintiff’s allegations because of the overarching requirement that courts consider allegations as a whole, accept well-pleaded facts as true, and draw all reasonable inferences in favor of the nonmoving party. Nat’l Rifle Ass’n of Am. v. Vullo , 602 U.S. 175, 195–97 (2024) (citing Twombly 550 U.S. at 570 and Iqbal , 556 U.S. at 678). Accordingly, the question presented is: Whether a defendant who offers a competing alternative explanation for conduct alleged in a plaintiff’s complaint bears the burden of showing that their alternative explanation renders the plaintiff’s theory of liability implausible.

Docket Entries

2025-05-05
Petition DENIED.
2025-04-28
Amicus brief of Scholars of Civil Procedure and First Amendment Organizations submitted.
2025-04-28
Brief amici curiae of Scholars of Civil Procedure, et al. filed. (Distributed)
2025-04-16
DISTRIBUTED for Conference of 5/2/2025.
2025-04-09
Waiver of right of respondent Baltimore Police Department, et al. to respond filed.
2025-04-03
Petition for a writ of certiorari filed. (Response due May 7, 2025)
2025-03-10
Application (24A888) to extend the time to file a petition for a writ of certiorari from March 20, 2025 to April 3, 2025, submitted to The Chief Justice.
2025-03-10
Application (24A888) granted by The Chief Justice extending the time to file until April 3, 2025.

Attorneys

Baltimore Police Department, et al.
Michael Patrick RedmondBaltimore City Law Department, Respondent
Michael Patrick RedmondBaltimore City Law Department, Respondent
Open Justice Baltimore, et al.
Jennifer Marie SafstromVanderbilt Law School, Petitioner
Jennifer Marie SafstromVanderbilt Law School, Petitioner
Scholars of Civil Procedure and First Amendment Organizations
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Amicus
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Amicus