The heightened pleading standard requires that a plaintiff do more than assert bare allegations of a constitutional violation. As we explained in
Sawyer, “[t]he complaint must include ‘all the factual allegations necessary to sustain a conclusion that defendant violated clearly established law.’ ”
908 F.2d at 667 (quoting
Dominque, 831 F.2d at 676). If the original complaint is deficient, the plaintiff must amend his or her complaint to include specific, non-conclusory allegations of fact sufficient to allow the district court to determine that those facts, if proved, demonstrate that the actions taken were not objectively reasonable in light of the clearly established law. In the context of a
Franks claim alleging the knowing or reckless submission of false information in a warrant affidavit, this court has previously held that if the plaintiff “is able to prove the necessary deliberate falsehood or reckless disregard to impeach a facially valid warrant, the reasonableness inquiry has to be resolved against the defendant since no reasonably competent officer could believe [a search] legal where it was his deliberate reckless deception that led the magistrate to issue the warrant.”
Beard, 24 F.3d at 115. On the other hand, if the plaintiff fails to allege facts sufficient to demonstrate a Fourth Amendment violation, “there is no need to proceed any further; [and] the case ends in defendant's favor.”
Id. at 115.