Can Courts Impose a Heightened Pleading Standard in Federal Civil Rights Cases?
Swierkiewicz v. Sorema N.A. Docket No. 00-1853 From: The Second Circuit Case at a Glance To “plead” a claim in federal court, a claimant need merely give “a short and plain statement of the claim.” Only claims for fraud and mistake require factually particular allegations under the Federal Rules of Civil Procedure. Nevertheless, some federal courts have imposed higher pleading standards in civil rights cases. This case asks whether heightened pleading is required for national origin and age discrimination claims under the federal civil rights statutes notwithstanding the simplified pleading rules. • Previewed by Mary Phelan D’Isa, a professor of law at Thomas M. Cooley Law School in Lansing, Mich.
