Davis v. Ruby Foods, Inc.

269 F.3d 818



The dismissal of a complaint on the ground that it is unintelligible is unexceptionable. Such a complaint fails to give the defendant the notice to which he is entitled.


Pro se plaintiff employee appealed from an order of the district court that granted the motion of defendant employer to dismiss his complaint for noncompliance with the requirements of Fed. R. Civ. P. 8. The employee filed a complaint against his former employer, charging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 as a consequence of sexual harassment by a female supervisor. Defendant moved to dismiss the complaint for failure to comply with Fed. R. Civ. P. 8 because it was lengthy and contained a lot of extraneous information. The district judge granted the motion dismissed without prejudice to filing a complying complaint. When that date passed the dismissal became a final, appealable judgment.


May a complaint in a sex discrimination matter be dismissed due to lengthiness and extraneous information?




The court of appeals reversed, finding that dismissal was improper for mere prolixity as long as the employee stated a sufficient claim for relief.

Dismissal of the pro se complaint was reversed.

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