Partial Victory for Pro Se Prisoner Plaintiff Alleging Civil Rights Claims
Gee v. Pacheco, ___ F.3d ___ , 2010 WL 4196034 (10th Cir. 2010) (WY)
Another partial victory for a pro se prisoner filing a Sec. 1983 civil rights claim alleging 1st, 8th, and 14th Amendment claims. The COA reversed the dismissal with prejudice of some though not all of the claims (some were time-barred; some did not state a claim).
1). The COA imposes a “plausibility” standard for dismissal for failure to state a claim–plaintiffs’ claims must be plausible and cannot merely make allegations. Although there could be problems generally with asymmetrical access to information by a Plaintiff resulting in dismissal before discovery, that would not be the case in a prisoner suit–presumably in going through the required administrative action first, the prisoner would have learned that info.
2). District court improperly reviewed documents defendants attached to their 12(b)(6) motion–court should only look at complaint and anything that complaint incorporated. In reviewing more than complaint, the district court should have converted it into a summary judgment motion.
Another partial victory for a pro se prisoner filing a Sec. 1983 civil rights claim alleging 1st, 8th, and 14th Amendment claims. The COA reversed the dismissal with prejudice of some though not all of the claims (some were time-barred; some did not state a claim).
1). The COA imposes a “plausibility” standard for dismissal for failure to state a claim–plaintiffs’ claims must be plausible and cannot merely make allegations. Although there could be problems generally with asymmetrical access to information by a Plaintiff resulting in dismissal before discovery, that would not be the case in a prisoner suit–presumably in going through the required administrative action first, the prisoner would have learned that info.
2). District court improperly reviewed documents defendants attached to their 12(b)(6) motion–court should only look at complaint and anything that complaint incorporated. In reviewing more than complaint, the district court should have converted it into a summary judgment motion.
posted by Anonymous at 3:55 PM
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