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eBook details

• Title: Jennings v. Emry
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 16, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Rule 8 of the Federal Rules of Civil Procedure requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). In this case, the statement in the Appellants complaint is not short; rather, it is a lengthy 55 pages and 433 rhetorical paragraphs. The statement also is not plain; rather, it is prolix, disjointed, confusing, and at times unintelligible. And despite this length and complexity (or perhaps, in part, because of it), the complaint does not show that its pleaders are entitled to the relief they seek, relief for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68. Acting on the Appellees Rule 12(b)(6) motion, the court below dismissed the Appellants claims for various reasons dealing with immunity, statute of limitations, collateral estoppel, standing, and pendent jurisdiction. We affirm, but on other grounds. See Box v. A & P Tea Co., 772 F.2d 1372 (7th Cir. 1985), cert. denied, 478 U.S. 1010, 92 L. Ed. 2d 724, 106 S. Ct. 3311 (1986); Brown v. Brienen, 722 F.2d 360 (7th Cir. 1983). We have no particular objection to the district courts method of analysis. We simply find it unnecessary to examine that method in light of the evident failure of the Appellants complaint to adequately state a claim for relief under RICO.

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