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Pro Se Tips and Tactics - Motions to Dismiss
1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim
In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed in federal court under 42 U.S.C. §1983, a motion to dismiss for …
In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed in federal court under 42 U.S.C. §1983, a motion to dismiss for …
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More from this issue:
- Critical Resistance: A Step Forward, by Micah Holmquist
- Notes From Other Conference Participants
- Rehabilitation or Corporate Profit
- Them Today, Us Tomorrow
- Ex-Prisoner Sues Over Phony Jail Dentist
- From the Editor, by Paul Wright
- Physical Injury Requirement Inapplicable to First Amendment Claims
- PLRA Termination Provision Unconstitutional in Ninth Circuit
- PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services
- New Mexico CCA Disturbance Not Reported for Hours
- Medical Cost-Cutting by Private Care Provider Opens Liability
- SWAT Team Ends Juvenile Center Standoff
- Utah Prison Guard Faces Sodomy Charges
- Updated AIDS Bibliography Published
- Bay Area Students Protest Prison Spending
- Corrupt Cleveland Cops/Guards Sentenced
- Qualified Immunity No Protection for ADA Injunctive Claims
- No Right For Media to Witness Execution
- Legal Services Corporation Restrictions Affirmed, by Paul Wright
- Pro Se Tips and Tactics - Motions to Dismiss, by John Midgley
- No Liberty Interest in Ohio Visiting Rules
- Prison Writing in 20th-Century America (Book Review), by Daniel Burton-Rose
- Guard Awarded $300,000 for ETS Exposure in ADA Suit
- Texas Prisons Not Immune In Tort Claims Act Suits
- Prisoners' Legal Services of NY Victim of Budget Ax, by Dan Pens
- Texas Prisons Subject to Civil Liability
- Discipline for Possessing Legal Papers Vacated
- No Interlocutory Appeal of Disputed Facts
- Blanket Jail Strip Search Policy Unconstitutional
- Untimely Jury Demand Must be Fairly Considered
- Segregated Prisoners Retain Religious Congregation Rights
- Seventh Circuit Split on Self-Defense in Prison
- Denial of Social Security Benefits to Prisoners Upheld
- Rule 12(b) Dismissal Requires Inability to Prove Claim
- Deportation Moots Federal Habeas Appeal
- Preliminary Injunction Granted in Kosher Diet Claim
- Court Responsible for Prisoner Access to Teleconference
- News in Brief
- RFRA Still Applies to Federal Government
- Movant Bears Summary Judgment Burden
- Consent Decree Termination Requires Fact Finding
- Bureau of Prisons Transsexual Policy Challenged
More from John Midgley:
- Pro Se Tips and Tactics, June 15, 2004
- Pro Se Tips and Tactics: Magistrate Judges in Federal Courts, Nov. 15, 2003
- Pro Se Tips and Tactics: Damages, Aug. 15, 2003
- Pro Se Tips and Tactics, April 15, 2003
- Pro Se Tips and Tactics, Dec. 15, 2002
- Pro Se Tips and Tactics: Unknown Defendant Identities, July 15, 2002
- Pro Se Tips and Tactics, Feb. 15, 2002
- Pro Se Tips and Tactics, June 15, 2001
- Pro Se Tips and Tactics, Dec. 15, 2000
- Pro Se Tips and Tactics, Sept. 15, 2000
More from these topics:
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024. Complaints, Drug Treatment/Rehab, Drug Testing/Treatment Programs.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, Dec. 1, 2023. Complaints, Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, Feb. 1, 2022. Complaints, Administrative Exhaustion, Grievances.

