Miles v. Ertl Co., 83-2334
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Writing for the Court | Before HEANEY, BRIGHT and McMILLIAN; PER CURIAM |
| Citation | 722 F.2d 434 |
| Parties | 33 Fair Empl.Prac.Cas. 1123, 33 Empl. Prac. Dec. P 33,994 Gerry MILES, Appellant, v. ERTL COMPANY, Appellee. |
| Docket Number | No. 83-2334,83-2334 |
| Decision Date | 19 December 1983 |
Page 434
33 Empl. Prac. Dec. P 33,994
v.
ERTL COMPANY, Appellee.
Eighth Circuit.
Decided Dec. 19, 1983.
Before HEANEY, BRIGHT and McMILLIAN, Circuit Judges.
PER CURIAM.
Gerry Miles appeals from the district court's dismissal of his civil rights complaint for failure to comply with the formal requirements of Fed.R.Civ.P. 8(a)(1), 8(a)(2), 8(e)(1), 10(a), 10(c), and 12(e), and local rules 1.10.2, 1.10.4, and 1.10.6. We believe dismissal was improper and we reverse.
Miles alleges discriminatory disciplinary treatment by the Ertl Company. He was suspended for eight days when he slapped a female employee in response to her use of a racial slur; the woman was suspended for four days. Ertl then warned all employees that they would be fired for fighting or using racial slurs. Four months later, after repeated harassment by white workers, Miles slapped one of his antagonists and was fired.
After an unsuccessful hearing before the Iowa Equal Employment Opportunity Commission, Miles sued in federal court. The district court granted Ertl's motion to strike the complaint for noncompliance with the Federal Rules of Civil Procedure. Miles was given leave to amend his complaint. To correct the deficiencies in the complaint, the district court suggested that Miles address the procedural history and jurisdictional basis of the suit and specify the names of defendants, the facts underlying each cause of action, and the nature of relief sought. Miles responded with an illegible letter which essentially reiterated his complaint. The complaint was dismissed and Miles appealed to this Court.
Pro se pleadings must be construed liberally. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). This Court has observed that, "in circumstances where a petitioner's poverty forces him to proceed pro se, a court ought not to reject on technical grounds a right asserted within the hand-drawn (pro se ) complaint." Drone v. Hutto, 565 F.2d 543, 544 (8th Cir.1977).
While the principle of liberal construction must be limited by reasonableness,
Page 435
United States ex rel. Dattola v. National Treasury Employees Union, 86 F.R.D. 496, 499 (W.D.Pa.1980), we believe that reasonableness does not compel dismissal of this case. The formal requirements of the Federal Rules of Civil Procedure exist to give the defendant fair...To continue reading
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Oldham v. Chandler-Halford, C 93-0284.
...defendants must be given fair notice of the claims so that they may make a meaningful response to the pleadings. Miles v. Ertl Co., 722 F.2d 434, 434-35 (8th Cir.1983) (per 3 Indeed, the fifth cause of action identifies only the Fourteenth Amendment as the source of the rights violated by t......
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DePugh v. Smith, C 94-4030.
...defendants must be given fair notice of the claims so that they may make a meaningful response to the pleadings. Miles v. ERTL Co., 722 F.2d 434, 434-35 (8th Cir.1983) (per curiam). The court finds that paragraph 21 of the Complaint makes plain that DePugh is attempting to assert a Fourteen......
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Evicci v. Baker, CIV.A.00-10749-WGY.
...Rohler v. TRW, Inc., 576 F.2d 1260, 1267 (7th Cir.1978) (requiring court to amend erroneous jurisdictional statement); Miles v. Ertl Co., 722 F.2d 434, 435 (8th Cir.1983) (reversing district court's dismissal of a case wherein the facts arguably asserted a cause of action, but the complaint......
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Voytik v. U.S., 84-2500
...pro se pleadings must be liberally construed, Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Miles v. ERTL Company, 722 F.2d 434, 435 (8th Cir.1983), a challenge based on an absence of voluntariness must state specific facts sufficient to overcome the presumption of ve......
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Oldham v. Chandler-Halford, C 93-0284.
...defendants must be given fair notice of the claims so that they may make a meaningful response to the pleadings. Miles v. Ertl Co., 722 F.2d 434, 434-35 (8th Cir.1983) (per 3 Indeed, the fifth cause of action identifies only the Fourteenth Amendment as the source of the rights violated by t......
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DePugh v. Smith, C 94-4030.
...defendants must be given fair notice of the claims so that they may make a meaningful response to the pleadings. Miles v. ERTL Co., 722 F.2d 434, 434-35 (8th Cir.1983) (per curiam). The court finds that paragraph 21 of the Complaint makes plain that DePugh is attempting to assert a Fourteen......
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Evicci v. Baker, CIV.A.00-10749-WGY.
...Rohler v. TRW, Inc., 576 F.2d 1260, 1267 (7th Cir.1978) (requiring court to amend erroneous jurisdictional statement); Miles v. Ertl Co., 722 F.2d 434, 435 (8th Cir.1983) (reversing district court's dismissal of a case wherein the facts arguably asserted a cause of action, but the complaint......
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Voytik v. U.S., 84-2500
...pro se pleadings must be liberally construed, Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Miles v. ERTL Company, 722 F.2d 434, 435 (8th Cir.1983), a challenge based on an absence of voluntariness must state specific facts sufficient to overcome the presumption of ve......