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Santiago v. Warminster Township, 10-1294

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By FindLaw Staff on December 14, 2010 4:20 PM

Plaintiff's civil rights suit for suffering a heart attack during a police raid of her home

Santiago v. Warminster Township, 10-1294, concerned a challenge to the district court's dismissal of plaintiff's claims, in plaintiff's 42 U.S.C. section 1983 suit against a town and three of its senior police officers, claiming that she suffered a hear attack after being subjected to excessive force during a raid on her home.

In affirming the dismissal, the court held that, under the pleading standard set forth by the Supreme Court in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, plaintiff has failed to plead sufficient factual matters to give rise to a plausible claim for relief against the senior police officers.  The court also held that plaintiff's claim against the town also must fail because she has failed to plausibly plead that the police chief's conduct caused her any injury.

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