Wallach v. City of Pagedale, Missouri
| Decision Date | 01 April 1966 |
| Docket Number | No. 18078.,18078. |
| Citation | 359 F.2d 57 |
| Parties | Richard WALLACH, Appellant, v. CITY OF PAGEDALE, MISSOURI et al., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Richard Wallach, pro se.
Lon Hocker, of Hocker, Goodwin & MacGreevy and Henry S. Stolar, St. Louis, Mo., for appellee Globe-Democrat Pub. Co.
Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and HARPER, District Judge.
Plaintiff, Richard Wallach, brought an individual action against the City of Pagedale, Missouri, its mayor, collector-marshal, building commissioner, city clerk, an alderman, and the Globe-Democrat Publishing Company. The District Court granted defendants' motion to dismiss the complaint for failure to comply with Fed.R.Civ.P. 8(a).1 We affirm.
There is no doubt that the complaint does not comply with Rule 8(a) as it does not contain "a short and plain statement of the claim showing that the pleader is entitled to relief." The complaint is confusing, ambiguous, redundant, vague, and, in some respects, unintelligible. It is also highly argumentative. It is more in the form of a brief and is replete with citations of authorities and quotations of extracts from opinions and texts, and, in one instance, from a speech by the late Mr. Justice Holmes.
Since plaintiff pleads pro se, we construe his pleadings with the utmost liberality and without regard for technicalities. Even so, defendants are entitled to know the extent of the claim against them as well as its precise nature. United States v. Classified Parking System, 213 F.2d 631 (5th Cir. 1954).
Also, plaintiff has not furnished a record in compliance with the court rules, but we have overlooked this and have carefully scrutinized the original files of the District Court. We are convinced that even if the District Court had not dismissed the complaint for noncompliance with Fed.R.Civ.P. 8(a), it would have been compelled to dismiss for failure to state a cause of action against any of the defendants within the jurisdiction of the federal court.
The crux of plaintiff's complaint seems to be that defendants conspired against him to destroy his credit and means of livelihood by refusing to permit the Richard Wallach Metals and Supply Company, a Missouri corporation, to operate a scrap iron business at 6820 Easton Avenue, Pagedale, Missouri.
Plaintiff asserts that his business is interstate in nature and that the municipality only has authority to license those operations which are "appropriate to local concern"; that his livelihood was impaired by the arrest of an employee for traffic violation, thus interfering with an interstate shipment; and that while plaintiff was on the witness stand in the Pagedale police court, the police judge, who is not a defendant, allegedly suggested that plaintiff pay $2,000.00 for a fouryear license to operate and upon such payment the charges of operating without a license would be dropped. Also, because he was unable to pay, plaintiff was sentenced to serve ninety days and pay a fine of $100.00. It is asserted that this action carried the conspiracy into effect as it restricted plaintiff's ability to borrow money and was done with intent to drive him from Pagedale, and to destroy his business at 6820 Easton Avenue.
The complaint against the Globe-Democrat Publishing Company is based upon publication of the city's action in denying plaintiff a license to operate some five weeks before plaintiff himself was notified of said rejection.
From all the pleadings we glean that plaintiff is attempting to bring a civil rights action under 42 U.S.C.A. §§ 1983 and 1985.
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...rights action normally does not exist merely by reason of enforcement of a lawful ordinance by public officials, Wallach v. City of Pagedale, 359 F.2d 57, 59 (8th Cir. 1966), allegations of unfair and discriminatory enforcement have been held to state a civil rights action. Ellentuck v. Kle......
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Nyberg v. City of Virginia
...365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973); Wallach v. Pagedale, 359 F.2d 57 (8th Cir. 1966); Savage v. United States, 322 F.Supp. 33 (D.Minn.1971), aff'd, 450 F.2d 449 (8th Cir. 1971), cert. denied, 405 U.S. 1043, ......
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Carter v. Carlson
...of Philadelphia, 413 F.2d 84 (3d Cir. 1969), cert. denied, 396 U.S. 1046, 90 S.Ct. 696, 24 L.Ed.2d 691 (1970); Wallach v. City of Pagedale, 359 F.2d 57 (8th Cir. 1966). 31 After reviewing the legislative debates surrounding the defeat of a proposed amendment to the Civil Rights Act, the Cou......
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Iowa Health System v. Trinity Health Corp.
...statement of argumentative fact." Koll v. Wayzata State Bank, 397 F.2d 124, 125 (8th Cir. 1968) (quoting Wallach v. City of Pagedale, Mo., 359 F.2d 57 (8th Cir.1966), and Wallach v. City of Pagedale, 376 F.2d 671 (8th Cir.1967)). However, the Eighth Circuit Court of Appeals has since stated......