Douglas Darch Published in Employment Law360
"Iqbal: Trouble For Plaintiffs?"

Douglas Darch's article "Iqbal: Trouble For Plaintiffs?" was published in the June 04, 2009 digest of employment Employment Law360. His article discusses the discrimination claim of Ashcroft v. Iqbal. In his article, Doug examines Iqbal's allegations of abuse during his incarceration on immigration charges in the "Administrative Maximum Special Housing Unit." Former Attorney General Ashcroft and FBI Director Mueller, Iqbal alleged, had supported the policy of holding detainees in the highly restrictive conditions of confinement, and "[knew] of and condoned and willfully and maliciously agreed to subject" him to alleged abuse as a matter of policy on account of religion, race and national origin.

According to Doug's article, Ascroft and Mueller moved to dismiss the complaint for failure to plead sufficient allegations of "their own involvement" in the alleged unlawful conduct. The district court denied their motion based on the now rejected "no set of facts standard" in Conley v. Gibson. The court noted, however, that "officials could not be held liable for the unconstitutional conduct of subordinates under a theory of respondent superior."

Doug explains in his article that "since the claim was one of 'purposeful discrimination,' Iqbal was required to show that the defendants' action was 'because of, not merely in spite of, [the action's] adverse effects.'" Doug contends, "perhaps most importantly for labor and employment lawyers, the court explicitly stated that Iqbal's allegations that he had been 'discriminated against' because of his 'religion, race and/or national origin and for no legitimate- interest' were not sufficient to state a claim." He further notes that, "Iqbal will likely have a significant impact in three areas of employment discrimination law," which include: boilerplate pleadings, co-worker harassment cases, and cases seeking liquidated or punitive damages. Doug concludes, "for now, the speed at which the courts change the form pleadings for pro-se plaintiffs may serve as a marker for the vigor with which Iqbal will be applied."