Legal Opinion

In Re Bayside Prison Litigation

District Court, D. New Jersey

Decided March 13, 2002No. Civil Action 97-5127PublishedCited by 15 opinions

1Opinion of the Court

OPINION

ORLOFSKY, District Judge.

This § 1983 prison litigation is, incredibly, still in its initial phases almost four- and-a-half years after the first complaint was filed on October 17, 1997. This prolonged first act is the result of the hundreds of constantly evolving Plaintiffs, the impossibility of maintaining the case as a class action, and the shifting contours of the law applicable to Plaintiffs’ claims. This latest, and presumably last Motion to Dismiss, presents this Court with two novel questions.

First, I must address whether Plaintiffs are required to meet a pleading standard more…

2Cases cited51 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  5. Porter v. NussleSupreme Court of the United States · 2002

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3Cited by15 opinions

  1. Appriva Shareholder Litigation Co. v. Ev3, Inc.Supreme Court of Delaware · 2007
  2. Johnson v. PoulinCourt of Appeals for the First Circuit · 2010
  3. Garcia v. Richard Stockton College of New JerseyDistrict Court, D. New Jersey · 2002
  4. Concepcion v. MortonCourt of Appeals for the Third Circuit · 2002
  5. In Re Bayside Prison LitigationCourt of Appeals for the Third Circuit · 2005

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