Prisoners' Rights: Pleadings Part I - The Amended Complaint

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Sponsors: Illinois Institute for Community Law
Illinois Legal Aid Online
Date: Tuesday, November 30, 2004
Time: 11:00 AM - 11:30 AM
Speakers: James Chapman, Illinois Institute for Community Law

James P. Chapman discusses pleadings in prisoner litigation cases. Specifically, Mr. Chapman discusses amended complaints including information on what is essential to an amended complaint and when an amended complaint should be filed. Some information in this video may be outdated. Please review the United States Supreme Court decision Ashcroft v. Iqbal, 129 U.S. 1937 (2009).

Iqbal heightened pleading standards, stating that all complaints must include non-conclusory evidentiary support for each claim. 129 U.S. at 1949. In order to survive a FRCP12 (b)(6) motion to dismiss, the plaintiff must have factual support for each claim prior to discovery proceedings. Id.

Last Updated: 12/02/2004

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