No. 18-7319

Charles J. Greene v. Alabama Department of Revenue, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternative-pleading causality causation civil-procedure civil-procedure-pleading-standards civil-procedure-pleading-standards-discovery-causa civil-rights discovery discovery-standards due-process employer-liability federal-rules heightened-pleading-requirements judicial-review pleading-standards
Key Terms:
SocialSecurity EmploymentDiscrimina
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether the court of appeals' decision is in conflict with the Twigbal holdings

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . Issues: Whether the court of appeals’ decision, purporting to follow the principles elucidated by this Court in Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 173 L.Ed.2d 868 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 167 L.Ed.2d 929 (2007), in dismissing the Complaint below without any opportunity for discovery, is in conflict with the Twigbal holdings on several levels, including (a) the misplaced demand for specific details, (b) the complete abrogation of Fed. R. Civ. Proc., R. 8(d) allowing alternative pleadings, (c) the superimposition of an extra requirement that specific individual employer agents must be identified prior to discovery even when the employer has sought to hide the identities of these individuals, and (d) that plaintiffs be required to meet, without any discovery, heightened evidentiary causality standards in pleadings, again directly contrary to the Twombly? J LIST OF ALL PARTIES . All parties are listed in the caption.

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-01-22
Waiver of right of respondent Alabama Department of Public Health to respond filed.
2018-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Alabama Department of Public Health
Phillip Brian HaleAlabama Department of Public Health, Respondent
Phillip Brian HaleAlabama Department of Public Health, Respondent
Charles J. Greene
Charles J. Greene — Petitioner
Charles J. Greene — Petitioner