Legal Opinion
Hearns v. San Bernardino Police Department
Court of Appeals for the Ninth Circuit
Decided July 1, 2008No. 05-56214, 05-56272, 05-56306, 05-56324PublishedCited by 220 opinions
1Opinion of the Court
Opinion by Judge HART; Partial Concurrence and Partial Dissent by Judge KLEINFELD
*1127HART, District Judge:
It is the right and duty of a plaintiff initiating a case to file a “short and plain statement of the claim.” Fed.R.Civ.P. Rule 8(a)(2). The district court dismissed Plaintiff Kimberlyn Hearns’ 81-page complaint under Rule 8 without prejudice with leave to file an amended complaint. When Hearns filed an amended complaint that was substantially unaltered, the district court dismissed the case with prejudice. Neither complaint warranted dismissal under Rule 8: although each set forth…
2Cases cited19 opinions
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- Mchenry v. RenneCourt of Appeals for the Ninth Circuit · 1996
- Joseph Nevijel v. North Coast Life Insurance Co., a Washington CorporationCourt of Appeals for the Ninth Circuit · 1981
- United States of America by and Through Joseph E. Garst v. Lockheed-Martin CorporationCourt of Appeals for the Seventh Circuit · 2003
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3Cited by220 opinions
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- Ybarra v. McDanielCourt of Appeals for the Ninth Circuit · 2011
- LAL v. CaliforniaCourt of Appeals for the Ninth Circuit · 2010
- Temujin Kensu v. Corizon, Inc.Court of Appeals for the Sixth Circuit · 2021
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