United States Third Circuit

A plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds. A civil rights complaint filed under 42 U.S.C. section 1983 against a government official need only satisfy the notice pleading standard of Rule 8(a), regardless of the availability of a qualified immunity defense. Further, a qualified immunity determination must be made in light of the specific factual context of a case, and when a complaint fashioned under the simplified notice pleading standard of the Federal Rules does not provide the necessary factual predicate for such a determination, the district court should grant a defense motion (whether formally or informally made) for a more definite statement regarding the facts underlying the plaintiff's claim for relief.

Appellate Information

• Argued 03/31/2006
• Decided 09/14/2006
• Published 09/14/2006

Judges

• Before SMITH and COWEN, Circuit Judges, and ACKERMAN , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alan E. Johnson, Esq. (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Appellants.


• For Appellees:
  
• Colm W. Kenny, Esq., Gianni Floro, Esq. (Argued), Tarasi, Tarasi & Fishman, Pittsburgh, PA, for Appellee.