Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Jose Antonio Mendes Da Costa, Plaintiff-Appellant, v. Sergeant Marcucilli, Mount Vernon Police Department, Officer Johnny Camacho, Mount Vernon Police Department, Detective Michael Martins, Eastchester Police Department, Officer Jesus Garcia, Mount Vernon Police Department, Private Investigator Michael V. Lentini, Mount Vernon Law Department, Pedro Coelho, Cecilia Rodrigues, Hina Sherwani, Mount Vernon Law Department, Fernando Marques, Moacir Castro, Defendants-Appellees.
Appeal from a judgment of the United States District Court for the Southern District of New York (Seibel, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Appellant Jose Mendes Da Costa, pro se, sued for false arrest, malicious prosecution, and abuse of process under 42 U.S.C. § 1983. He appeals the sua sponte dismissal of his amended complaint for failure to follow Federal Rule of Civil Procedure 8. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review de novo the sua sponte dismissal of a complaint. McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004). Pro se submissions are reviewed with “special solicitude,” and “must be construed liberally and interpreted to raise the strongest arguments that they suggest.” Triestman v. Federal Bureau of Prisons, 470 F.3d 471, 474-75 (2d Cir. 2006) (internal quotation marks, citation, and emphasis omitted).
Federal Rule of Civil Procedure 8 requires that a pleading “contain ․ a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Dismissal for failure to follow Rule 8 “is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.” Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). A complaint that is overly detailed but comprehensible does not merit dismissal with prejudice. Id. at 43.
The amended complaint, nearly 50 pages long, with hundreds of pages of exhibits, is convoluted and repetitive. While it contains some factual allegations concerning Mendes Da Costa's various arrests, it is virtually impossible to link the various defendants to Mendes Da Costa's alleged injuries. Moreover, Mendes Da Costa discusses non-defendants and other events without explaining how they are involved with the alleged conspiracy. The district court properly dismissed the amended complaint as frivolous and running afoul of Rule 8. See Salahuddin, 861 F.2d at 42; Prezzi v. Schelter, 469 F.2d 691, 692 (2d Cir. 1972) (per curiam) (final dismissal appropriate for complaint that was a “labyrinthian prolixity”).
We have considered all of Mendes Da Costa's arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 16-587
Decided: January 10, 2017
Court: United States Court of Appeals, Second Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
FindLaw for Legal Professionals
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)