[Download] "Hayes v. Whitman" by Tenth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hayes v. Whitman
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 29, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Adam Poole appeals from the district courts ruling dismissing his civil rights complaint pursuant to Fed. R. App. P. 12(b)(6) for failure to state a claim. We have jurisdiction over this appeal by virtue of 28 U.S.C. § 1291, and we review the district courts dismissal de novo. Morse v. Regents of the Univ. of Colo., 154 F.3d 1124, 1126 (10th Cir. 1998). "Dismissal under Rule 12(b)(6) is a harsh remedy which must be cautiously studied, not only to effectuate the spirit of the liberal rules of pleading but also to protect the interests of justice," id. at 1127, and "is inappropriate `unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief." Id. (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)).