(DOWNLOAD) "Educadores Puertorriquenos En Accion V. Hernandez" by United States Court of Appeals for the First Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Educadores Puertorriquenos En Accion V. Hernandez
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
For years, courts in this circuit have required plaintiffs to satisfy a heightened pleading standard in civil rights actions. We recently have retreated from this view in specified instances. Today, however, we are presented with an opportunity to re-examine the propriety of this praxis globally in light of emergent Supreme Court precedent. Because neither the Civil Rules nor any applicable statute authorizes the imposition of a heightened pleading standard for civil rights actions, we disclaim our earlier practice and overrule the decisions authorizing it. Since the district court's determination rests on that heightened pleading standard, we vacate the order of dismissal and remand for further proceedings consistent with this opinion.
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