Prisoners' Rights: Pleadings Part II - Specific Causes of Action

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Sponsors: Illinois Institute for Community Law
Illinois Legal Aid Online
Date: Friday, December 10, 2004
Time: 01:00 PM - 01:30 PM
Speakers: James P. Chapman, Illinois Institute for Community Law

James P. Chapman discusses pleadings in prisoner litigation cases. Specifically, Mr. Chapman discusses how pleadings should be constructed for specific causes of action. However, some information in this video may be outdated. Please review the United States Supreme Court decision Ashcroft v. Iqbal, 129 U.S. 1937 (2009).

Iqbal heightened pleading standards for federal civil claims, stating that all complaints must include non-conclusory evidentiary support for each claim. 129 U.S. at 1949. In order to survive a FRCP12 (b)(6) motion to dismiss, the plaintiff must have factual support for each claim prior to discovery proceedings. Id.

Last Updated: 01/04/2005

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