Leatherman v. Tarrant County - then a general broad term...

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Leatherman v. Tarrant County 507 U.S. 163 (1993) Fact: Operative Facts: In 2 separate incident, it involves a forcible entry into a home based on detection of odor associated with the manufacture of narcotics. One owner claimed to have been assaulted by the officers as they entered, and another came in and killed the defendant’s two dogs. The owners sued, but the District court ordered complaints dismissed, because they failed to meet the heightened pleading standard. 5 th Circuit affirmed the dismissal. USSC granted certiorari Issue: Whether the court could require the civil rights claim to fall under the “heightened pleading standard” Rule: The heightened pleading standard requires the pleading to have more specific evidences
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Unformatted text preview: then a general broad term complaint Rational: The USSC rejects the fact that the civil rights claim needs a heightened pleading standard because it is not interpreted in the federal code, and to extend the heightened pleading standard to civil rights claim is not something the judicial system can do, especially because the federal code already spells out other areas that has a heightened pleading standard, such as fraud. The court cannot impose this standard even though things such as immunity comes into play. Holding: Heighten pleading standards only applies to the subjects specifically described in the federal code. Synthesis: Dissent/Concurrences:...
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