Posted On: March 13, 2008
PRISONERS' RIGHTS - SUFFICIENCY OF PLEADINGS
Here's a good one for the little guy who has no one but himself to prosecute a lawsuit against the gigantic powers of the government.
Th big, bad, rich and powerful prison officials who appealed district court's ruling on grounds that pro se prisoner's complaint failed to specifically plead a violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) were "plainly incorrect" because of "the longstanding principle that federal complaints plead claims, not causes of action or statutes or legal theories."
The complaint was sufficient, and the case can go on.
Alvarez v. Hill (9th Cir. 3/13/08, 06-35068) 08 C.D.O.S. 2912
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