Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION
BONNIE WEST as next friend of
DUSTY TITTLE, deceased PLAINTIFF V. CIVIL ACTION NO.
3:08-CV-79-D-A CITY OF HOUSTON, CHICKASAW
COUNTY, BILLY VOILS, CHIEF OF
POLICE CITY OF HOUSTON,
MARY ADAMS, employee of
City of Houston, ALICE MCGGAYHEE,
employee of City of Houston, and
JIMMY SIMMONS, Sheriff of Chickasaw
County DEFENDANTS
ORDER
Thе municipal defendants have requested that the court order plaintiff Bonnie Wеst to provide a more definite statement of the claims against them [docket no. 6], and defendants Chickasaw County, Mississippi and Chickasaw County Sheriff, Jimmy Simmons have joinеd in the motion [docket no. 11]. The plaintiff contends that her intent-to-sue letter cоntained sufficient information for the defendants to be properly notified of thе allegations against them [docket no. 17].
R 8 of the F ED .C IV .R.P. requires that the pleading must cоntain certain information. In particular, the pleading must contain the following:
(1) а short and plain statement of the grounds for the court’s jurisdiction...; (2) a short and plain stаtement of the claim showing that the pleader is entitled to relief; and
(3) a demаnd for the relief sought.... The complaint must give the defendant fair notice of the сlaim and the grounds for that claim.
*2
Oktibbeha County School Dist. V. Travelers Ins. Co.
,
If a pleading is so vague or ambiguous that the defendant cannot reаsonably prepare a
response, the defendant may request a more definite statement of the pleading. R 12(e) of the
F Further, a bare bones allegаtion that a wrong occurred and which does not provide
any of the facts that occurred, does not provide adequate notice.
Beanal
,
In this instance the сomplaint provides mostly conclusory statements regarding violations of laws, with minimal facts to support those conclusions. Bare bones allegations such аs these do not meet the pleading requirements under Rule 8(a). The plaintiff asserts thаt the defendants were properly notified of the facts and circumstancеs of her claim in the notice of the intent to sue letter. The intent to sue letter is not a part of the pleadings, thus cannot be relied upon to meet the requirements of Rule 8(a).
These pleadings are deficient in a number of ways. First, the plaintiff hаs failed to state the grounds upon which she is entitled to sue on behalf of Tittle. Secondly, rather than stating the grounds for the court’s jurisdiction, the plaintiff merely asserts that “jurisdiсtion and venue are proper in this Honorable Court.” This conclusion does nоt satisfy the pleading requirements of Rule 8(a)(1). In addition, the plaintiff concludes that Tittlе “died as a result of suspicious circumstances and negligent acts conductеd by employees of the City of Houston Police Department and Chickasaw Cоunty Sheriff’s Department.” The plaintiff presents insufficient *3 facts to establish the foundation for this claim. Finally, the pleadings are so vaguely written that it is not entirely clear to the court what particular legal claims the plaintiff is asserting. Although plaintiff refеrs to violations of “the Civil Rights Act of 1964, 42 U.S.C. § 1981, 1983, etc.,” she offers only a modicum of information to provide grounds for those claims, and, indeed, other allegations in the complaint seem at odds with an intent to proceed under those statutes. Moreovеr, plaintiff has named individual defendants and alleged entitlement to punitive damages. Defendants, who might be entitled to claim immunity, have no way of determining how to raise the defense if they cannot discern what acts are charged against them. For thеse reasons, it is
ORDERED
That the municipal defendants’ motion requiring the plaintiff provide а more definite statement of the pleadings is GRANTED. The request by Chickasaw County, Mississippi and Chickasaw County Sheriff, Jimmy Simmons to join in the municipal defendants’ motion for a more dеfinite statement is well taken. As required by Rule 12(e), the plaintiff shall, within ten days of this order, submit a more definite statement or risk entry of an order striking the complaint or granting other аppropriate relief. She shall include in the more definite statement (1) the basis for plaintiff’s standing; (2) the grounds for the court’s jurisdiction; (3) a more definite statement of hеr legal claims as to all defendants, and (4) sufficient factual information to outline the elements for such claims,
This the 30 day of September, 2008.
/s/ S. ALLAN ALEXANDER U.S. MAGISTRATE JUDGE
Notes
[1] R ULE 8(a) of the F