Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Senator Edward Kennedy — Part 20
Page 30
30 / 249
specificity standard, the Supreme Court has admonished lower
federal courts not to perpetuate lawsuits such as this one
that cry out for dismissal. Specifically, the Court has
said:
“Insubstantial lawsuits can be quickly
terminated by federal courts alert to the
possibilities of artful pleading. Unless
the complaint states a compensable claim
for relief under the Federal
Constitution, it should not survive a
motion to dismiss."
Butz v. Economou, 438 U.S. at 507-08.
A plaintiff seeking to sue federal officials
individually must plead detailed factual allegations tying
each defendant to the alleged wrongdoing. See, e.g., Martin
v. D.C. Metropolitan Police Dept., 812 F.2d 1425, 1434-35
(D.C. Circ-1987), vacated in part & reh. en banc granted No.
85-06071 (D.C. Circ-May 8, 1987); Smith v. Nixon, 807 F.24
197, 200 (D.C. Circ-1986); Ellsberg v. Mitchell, 807 F.2a 204
(D.C. Circ-1986).
Here plaintiff has neither identified any alleged
“constitutional violations by defendants nor pleaded any
specific facts that tie each defendant to any wrongdoing. It
is apparent, therefore, that plaintiff has failed to state a
claim against defendants since he has failed to meet the
"heightened pleading standard" applicable in Bivens cases.
Smith v. Nixon, 807 F.2d at 200. Further, as the Supreme
Court stated in Harlow v. Pitzgerald, 457 U.S. 800, 819-20,
N. 35
/9p- alee
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
federal bureau
letter
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic