AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Procedural: Pleading
A sheriff was sued
for violation of the civil rights of the owner an outdoor stage, with the
plaintiff alleging that he was compelled to hire sheriff's deputies for
his private security guards under the threat of otherwise facing the closure
of the road leading to his property. The lawsuit was properly dismissed
after the plaintiff's lawyer failed to file a complaint that could be understood,
despite being allowed three attempts. The lawyer was also ordered to show
cause as to why he should not be disciplined for filing incomprehensible
documents that failed to provide adequate notice of the basis of his client's
claims, including an incomprehensible appeal brief, raising a question
of whether he was competent to practice law. The court noted that one sentence
in the complaint contained 345 words, with 23 sentences containing 100
words or more. Stanard v. Nygren, #09-1487, 2011 U.S. App. Lexis 19213
(7th Cir.).
Federal civil rights lawsuit by arrestee
claiming excessive use of force in the use of police dogs to subdue him
was properly dismissed without prejudice when the plaintiff used a false
name to file his complaint. This prejudiced the defendant police officers
by denying them access to any additional information that might be available
under the arrestee's true name, and his true name was not disclosed until
his testimony at trial. Zocaras v. Castro, No. 03-22034-CIV, 232 F.R.D.
694 (S.D. Fla. 2005). [N/R]
Plaintiff did not have
to "plead with particularity" the alleged falsifications that
a coroner made in an autopsy report which lead to the plaintiff's arrest
and prosecution for murder charges on which he was later acquitted, or
that the coroner knew that his statements were false to establish his improper
motive. A short and plain statement of the claim was sufficient. Galbaith
v. County of Santa Clara, #00-17369, 307 F.3d 1119 (9th Cir. 2002). [2003
LR Feb.]
U.S. Supreme Court rejects "heightened
pleading standard" requiring plaintiffs making civil rights claims
to spell out in complaints the facts detailing the basis for their claims
against municipalities Leatherman v. Tarrant County Narcotics Intelligence
and Coordination Unit, No 91-1657, 61 USLW 4205 (US March 2, 1993).
Civil rights lawsuit by man generally claiming
that he was deprived of his "life's possessions" and made homeless
failed to specify how each defendant was involved in alleged wrong Signore
v. City of McKeesport, Pa, 680 F.Supp. 200 (WD Pa 1988).