Why No Parity?

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14 Νοε 2013 (πριν από 3 χρόνια και 8 μήνες)

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The Well
-
Pleaded Complaint
Rule and Criminal
Indictments:

Why No Parity?

Return with me to a day in the life of a
civil practitioner…


Jolly good
shot,
Chauncey!

Rule 8. General Rules of Pleading

(a) CLAIM FOR RELIEF. A pleading
that states a claim for
relief must
contain
:


(
2) a short and plain
statement
of the claim showing
that
the pleader
is entitled to
relief
;



Federal Rule of Civil Procedure 8

“[T]he
accepted
rule [is]
that a
complaint should not be dismissed
for failure to state a claim unless
it appears beyond doubt that the
plaintiff can prove
no set of facts
in support of his claim which
would entitle him to relief.”



The Well
-
Pleaded Complaint
Rule:

Conley v. Gibson
, 355 U.S. 41,
47, 78 S
. Ct
. 99, 2 L.Ed.2d 80
(1957
).



The Well
-
Pleaded Complaint
Rule:

ALONG COMES
TWOMBLY


AND
IQBAL


ALONG COMES TWOMBLY

AND IQBAL



and, no, these are not new midway games

at the State Fair.


BELL ATLANTIC CORP. V.
TWOMBLY


550 U.S. 544 (2007).



Sherman Anti
-
Trust class
-
action civil conspiracy
case.



Revenge of the “Baby Bells.”


BELL
ATLANTIC

CORP. V.
TWOMBLY


Conley
’s “no set of facts” language is “retired.”
The phrase “is best forgotten as an incomplete,
negative gloss on an accepted pleading
standard: once a claim has been stated
adequately, it may be supported by showing any
set of facts consistent with the allegations in
the complaint.”


BELL
ATLANTIC

CORP. V.
TWOMBLY


A party’s allegation
“requires more than labels
and conclusions, and a formulaic recitation of
the elements of a cause of action will not do.”


BELL
ATLANTIC

CORP. V.
TWOMBLY


On a motion to dismiss, courts “are not
bound
to accept as true a legal conclusion couched as
a factual allegation.”
Papasan

v.
Allain
, 478
U.S.265, 286 (1986).

ASHCROFT V.
IQBAL


556 U.S. 662 (2009).



Bivens

action filed against AG Ashcroft and FBI
Director Mueller for unlawful detention without
charges following 9
-
11 terrorists attacks.






ASHCROFT V.
IQBAL


Twombly

re
-
affirmed. Plus, a complaint does
not suffice “if it tenders naked assertions
devoid of further factual enhancement.”





ASHCROFT V.
IQBAL


To survive a motion to dismiss, a complaint
must “state a claim to relief that is plausible on
its face.”



“The plausibility standard is not akin to a
probability standard
but it asks for more than a
sheer possibility that a defendant has acted
unlawfully.”

Return with me to a day in the life of a
civil practitioner…




Oh Giles,
fetch us
some tea.

General
Rules of
Pleading,
subsection (a)(2) governing
claims for relief requires:


--
a
short and plain
statement
of the claim showing that
the
pleader
is entitled to
relief
.



Federal Rule of Civil Procedure 8

Rule 7(c)(1) mandates that
indictments contain a:


“definite written statement of
the
essential facts
constituting
the offense charged[.]”



Federal Rule of Criminal
Procedure 7

The pedigree of the
pleading requirement.

The Indictment Must

Allege
Facts

“Lest there remain any doubt about the constitutional
stature of the reasonable
-
doubt standard, we explicitly
hold that the Due Process Clause protects the accused
against conviction except upon proof beyond a reasonable
doubt
of every fact necessary to constitute the crime with
which he is charged
.”


In re
Winship
, 397 U.S. 358, 364 (1970).

The Indictment Must

Allege
Facts

“any
fact

(other than prior conviction) that increases the
maximum penalty for a crime must be charged in an
indictment, submitted to a jury, and proven beyond a
reasonable doubt
.”


Apprendi

v. New Jersey
, 530 U.S. 466, 476 (2000).

The Indictment Must

Allege
Facts

Apprendi

rule applied to
facts

subjecting a defendant to
the death
penalty.


Ring v. Arizona
, 536 U.S. 584 (2002).

The Indictment Must

Allege
Facts

Apprendi

rule applied to
facts

permitting a sentence in
excess of the “standard range” under Washington's
Sentencing Reform Act
.


Blakely v. Washington
, 542 U.S. 296 (2004).

The Indictment Must

Allege
Facts

Apprendi

rule applied to
facts

triggering a sentence range
elevation invalidated the
mandatory nature of the Federal
Sentencing Guidelines
.


Booker v. United States
, 543 U.S. 220 (2005).

The Indictment Must

Allege
Facts

Apprendi

rule applied to
facts
which exposed a defendant
to an elevated upper term
under California’s Determinate
Sentencing Law.


Cunningham v. California
, 549 U.S. 270 (2007).

The Indictment Must

Allege
Facts

The Well
-
Pleaded Complaint
Rule and Criminal
Indictments:

Why is this important?



On
or about April 13,
2012, in Buncombe
County, within the
Western District
of North
Carolina, the
defendant,
knowingly
possessed a
firearm, a Walther model
PPK/S, semi
-
automatic
.
380 caliber
pistol, in
furtherance of
a drug
trafficking
crime for
which he may
be
prosecuted
in a court of
the United
States, that
is
possession with
intent
to
distribute
and dispensing
and distributing a
controlled
substance.


A
party’s allegation
“requires more than
labels and conclusions,
and a formulaic recitation
of the elements of a
cause of action will not
do
.”



On
or about April 13,
2012, in Buncombe
County, within the
Western District
of North
Carolina, the
defendant,
knowingly
possessed a
firearm, a Walther model
PPK/S, semi
-
automatic
.
380 caliber
pistol, in
furtherance of
a drug
trafficking
crime for
which he may
be
prosecuted
in a court of
the United
States, that
is
possession with
intent
to
distribute
and dispensing
and distributing a
controlled
substance.


On a motion to dismiss,
courts “are not bound to
accept as true a legal
conclusion couched as a
factual allegation.”



On
or about April 13,
2012, in Buncombe
County, within the
Western District
of North
Carolina, the
defendant,
knowingly
possessed a
firearm, a Walther model
PPK/S, semi
-
automatic
.
380 caliber
pistol, in
furtherance of
a drug
trafficking
crime for
which he may
be
prosecuted
in a court of
the United
States, that
is
possession with
intent
to
distribute
and dispensing
and distributing a
controlled
substance.


A pleading
does not
suffice “if it tenders
naked assertions devoid
of further factual
enhancement
.”



On
or about April 13,
2012, in Buncombe
County, within the
Western District
of North
Carolina, the
defendant,
knowingly
possessed a
firearm, a Walther model
PPK/S, semi
-
automatic
.
380 caliber
pistol, in
furtherance of
a drug
trafficking
crime for
which he may
be
prosecuted
in a court of
the United
States, that
is
possession with
intent
to
distribute
and dispensing
and distributing a
controlled
substance.


To
survive a motion to
dismiss, a
pleading must
“state a claim to relief
that is plausible on its
face
.”


And, the “plausibility
standard is not akin to a
probability standard
but
it asks for more than a
sheer possibility that a
defendant has acted
unlawfully
.”

The Well
-
Pleaded Complaint
Rule and Criminal
Indictments:

Won’t the “discovery”
bring complete clarity?

TWOMBLY

&
IQBAL


“It
is no answer to say that a claim just shy of a
plausible entitlement to relief can, if groundless,
be weeded out early in the discovery
process[.]”


Twombly
, 550 U.S. at 559.




TWOMBLY

&
IQBAL


“We
decline respondent's invitation to relax the
pleading requirements on the ground that

minimally
intrusive
discovery[]” is the answer.


Iqbal
, 556 U.S. at 686.