Areas of Law:
42 USC § 1983 — Deliberate Indifference
6th U.S. Circuit Court of Appeals
Dismissal with prejudice
Plaintiff inmate sued the Michigan Department of Corrections, correctional healthcare contractor Corizon, Inc., and individual employees on 42 U.S.C. 1983 claims of inadequate medical care and deliberate indifference.
The district court informed plaintiff that his complaint was too long and his allegations were unclear, and allowed plaintiff two chances to amend it. Both amended complaints did not provide the clarity needed for the defendants to answer them, and the court dismissed the case with prejudice.
In its ruling, the 6th Circuit affirmed the dismissal, noting that it was “not for failure to plead facts that, if true, make the defendant’s liability at least plausible. Rather, it is for [Plaintiff’s] repeated failure to plead claims and allegations with clarity, because of which the defendants lacked ‘fair notice’ of his claims and ‘the grounds upon which they rest.’ … We therefore publish this opinion to set precedent for any future cases in this vein.”
The panel also emphasized that “[p]ersistent or vexatious refusal to follow the rules may warrant dismissal with prejudice. ... So if a district court has offered multiple opportunities to fix the complaint and the plaintiff has persisted in noncompliance, then the harsh sanction of dismissal is appropriate. … All the more if the district court warns the plaintiff that a failure to comply will result in dismissal.”
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.