Hearns v. San Bernardino Police Dept

It is the right and duty of a plaintiff initiating a case to file a "short and plain statement of the claim." Fed. R. Civ. P. Rule 8(a)(2). The district court dismissed Plaintiff Kimberlyn Hearns 81-page complaint under Rule 8 without prejudice with leave to file an amended complaint. When Hearns filed an amended complaint that was substantially unaltered, the district court dismissed the case with prejudice. Neither complaint warranted dismissal under Rule 8: although each set forth excessively detailed factual allegations, they were coherent, well-organized, and stated legally viable claims. We therefore reverse in appeal No. 05-56214 and remand for further proceedings. Pursuant to Defendants non-opposition, we also reverse in appeal No. 05-56306. Finally, we dismiss appeals Nos. 05-56272 and 05-56324 as moot.