Thursday, October 9, 2014

Interesting Cert. Petition on Pleading (Just Relisted)

John Elwood's most recent SCOTUSblog Relist Watch identifies Johnson v. City of Shelby, which presents these questions:

1. Is a federal complaint subject to dismissal when it fails to cite the statute authorizing the cause of action?

2. Do the lower federal courts have authority to create pleading requirements for complaints when those requirements are not contained in the Federal Rules of Civil Procedure?

3. Should a federal complaint be dismissed when it alleges the elements of a 42 U.S.C. § 1983 claim, but does not cite 42 U.S.C. § 1983?

It's been re-calendared for this Friday's conference (10/10). Here's the Fifth Circuit's decision below.

Stay tuned.

(Hat Tip: Shaun Shaughnessy)

Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink


This should be an easy case upon which to grant cert. The trial court and 5th Circuit are surely wrong here, under all past SCOTUS interpretations of the FRCP. This is a good case for summary reversal in a per curium opinion without argument.

Posted by: ohwilleke | Oct 13, 2014 3:15:38 PM

There's some recent precedent for that--SCOTUS did it last Term in Tolan v. Cotton, summarily reversing the Fifth Circuit for misapplying the summary judgment standard.

Posted by: Adam Steinman | Oct 13, 2014 3:31:32 PM

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