Tuesday, June 13, 2006

Seventh Circuit Mentions PSLRA in Prisoner Case

Looks like inmate Willie Simpson isn’t very happy. That’s because he alleges that his complaints about prison officials caused retaliation which earned him “300 days in segregation.” Who’s Willie you want to know? Well, who knows, but yesterday, when the Seventh Circuit upheld his complaint under notice pleading (anyone remember what that is anymore?) it observed that “not even the Securities Litigation Reform Act, the statute that has moved the farthest from notice pleading for a particular subject matter (securities class actions), requires proof as opposed to plausible allegations.”

Yes, yes, I know it's not terribly relevant, but it's nice to hear an appellate court formally recognize this fact -- one which obviously no one (dare we say even the 10b-5 Daily?) can reasonably argue with.

Anyway, unless you're a FOW (sorry -- Friend of Willie), believe me, there’s absolutely no point for you to read Simpson v. Nickel, issued June 12, 2006, but if you still want to, it’s at 2006 U.S. App. LEXIS 14329.

Nugget: “Any district judge (for that matter, any defendant) tempted to write 'this complaint is deficient because it does not contain. . .' should stop and think: What rule of law requires a complaint to contain that allegation?”

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