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Senator Edward Kennedy — Part 22
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stated, nor meaningfully distinguished from bald conclusions,
we
sharp harangues and personal comments." Id. at 499. ‘This
language from Brown describes plaintiff's Complaint in this
case.
The purpose of Rule 8 is to "give fair notice of the
claim(s) being asserted so as to permit the adverse party the
Opportunity to file a responsive answer, vrepare an adequate
defense and determine whether the doctrine of res judicata is
applicable." Brown v. Califano, 75 F.R.D. at 498.
While plaintiff must be afforded reasonable latitude in
meeting the formal pleading requirements of the federal
rules, he must, in fairness to this Court and the defendants,
comply with those rules. Here, plaintiff's unfocused
assertions manifestly fail to conform to the requirements of
Rule 8.
It is respectfully submitted that the rules would be
violated if said defendants were required to answer this
complaint and to subject themselves to discovery when the
plaintiff has failed to present any of his claims in an
orderly and comprehensible fashion. This is especially so
where it appears many of the defendants have been sued in
their individual capacities. If these defendants have been
sued in a Bivens action, heightened pleading standards are
mandated. See Smith v. Nixon, 807 F2d 197, 200 (D.C.
Circ-1986); Martin v. Malhoyt, 830 F2d 237, 253 (D.C.
Circ-1987).
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