Legal Opinion
Phillips v. Girdich
Court of Appeals for the Second Circuit
Decided May 17, 2005No. 04-0347PRPublishedCited by 320 opinions
1Opinion of the Court
MESKILL, Circuit Judge.
We explore the requirements of Federal Rule of Civil Procedure 10(b). Although that Rule contains important guidelines for the form of pleadings in federal court, we hold that harmless violations of the Rule should be excused so that claims may be resolved on their merits.
This appeal concerns a suit brought by a prisoner. Claiming that he was treated unfairly because of his race, he sued his jailers pro se. The United States District Court for the Northern District of New York, Hurd, /., deemed the complaint insufficient and dismissed it sua sponte. Concluding that the…
2Cases cited23 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Haines v. KernerSupreme Court of the United States · 1972
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Village of Willowbrook v. OlechSupreme Court of the United States · 2000
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3Cited by320 opinions
- Patane v. ClarkCourt of Appeals for the Second Circuit · 2007
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- Green v. City of Mount VernonDistrict Court, S.D. New York · 2015
- Randle v. AlexanderDistrict Court, S.D. New York · 2013
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