Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) & Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, & Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend v. The Nebraska State Bar Ass'n, a Nebraska Ass'n, & Homer Ed Hurt, Jr. James Egley Kenneth Olds Pliny M. Moodie Robert D. Moodie John M. Thor, Jr. Stanley P. Gushard William E. Webster, All Nebraska Lawyers & Members of the Nebraska State Bar Ass'n Richard P. Garden, a Nebraska Lawyer & Member of the Nebraska State Bar Ass'n Lucille Toelle Norris Maack Richard Lindberg Gwen Lindberg, D/B/A West Point News Theodore M. Huettmann & Gladys M. Huettmann, D/B/A Wisner News-Chronicle the Norfolk Daily News Fremont Tribune Lincoln Journal Newspaper Omaha World Herald Co., Owner-Pub. of Omaha World Herald Newspapers the Associated Press Wireservices & Paul Douglas, Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) & Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, & Kari Lynn Michaelis, a Minor, by Ken L. Michaelis, Her Father & Next Friend v. Norman M. Krivosha Leslie Boslaugh William C. Hastings Hale McCown Donald Brodkey Lawrence M. Clinton (Deceased) Edward Asche Dixon G. Adams Pliny M. Moodie Robert D. Moodie Homer Ed Hurt, Jr. Stanley P. Gushard Kenneth Olds James Egley John M. Thor, Jr. William E. Webster, All Being Members of the Nebraska State Bar Ass'n the Nebraska State Bar Ass'n, a Nebraska Ass'n Consisting of All Licensed Nebraska Lawyers, All Nebraska Lawyers, 717 F.2d 437 (8th Cir. 1983). · Go Syfert
Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) & Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, & Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend v. The Nebraska State Bar Ass'n, a Nebraska Ass'n, & Homer Ed Hurt, Jr. James Egley Kenneth Olds Pliny M. Moodie Robert D. Moodie John M. Thor, Jr. Stanley P. Gushard William E. Webster, All Nebraska Lawyers & Members of the Nebraska State Bar Ass'n Richard P. Garden, a Nebraska Lawyer & Member of the Nebraska State Bar Ass'n Lucille Toelle Norris Maack Richard Lindberg Gwen Lindberg, D/B/A West Point News Theodore M. Huettmann & Gladys M. Huettmann, D/B/A Wisner News-Chronicle the Norfolk Daily News Fremont Tribune Lincoln Journal Newspaper Omaha World Herald Co., Owner-Pub. of Omaha World Herald Newspapers the Associated Press Wireservices & Paul Douglas, Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) & Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father & Next Friend, & Kari Lynn Michaelis, a Minor, by Ken L. Michaelis, Her Father & Next Friend v. Norman M. Krivosha Leslie Boslaugh William C. Hastings Hale McCown Donald Brodkey Lawrence M. Clinton (Deceased) Edward Asche Dixon G. Adams Pliny M. Moodie Robert D. Moodie Homer Ed Hurt, Jr. Stanley P. Gushard Kenneth Olds James Egley John M. Thor, Jr. William E. Webster, All Being Members of the Nebraska State Bar Ass'n the Nebraska State Bar Ass'n, a Nebraska Ass'n Consisting of All Licensed Nebraska Lawyers, All Nebraska Lawyers, 717 F.2d 437 (8th Cir. 1983). Cases Citing This Book View Copy Cite
“ordinarily dismissal of a plaintiffs complaint for failure to comply with rule 8 should be with leave to amend.”
71 citation events (49 in the last 25 years) across 29 distinct courts.
Strongest positive: Archambault v. The United States of America (sdd, 2022-11-18)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Archambault v. The United States of America
D.S.D. · 2022 · quote attribution · 1 verbatim quote · confidence low
ordinarily dismissal of a plaintiffs complaint for failure to comply with rule 8 should be with leave to amend.
discussed Cited as authority (rule) Maria Ellis v. Nike USA, Inc.
8th Cir. · 2025 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal with prejudice for “persistence in refusing to conform his pleadings to the requirements of Rule 8”); Skelton v. Rapps, 187 F.3d 902, 908 (8th Cir. 1999) (with prejudice dismissal reversed because there was no “clear record of delay or contumacious conduct by the plaintiff”) (citation omitted).
discussed Cited as authority (rule) Greco v. FMR LLC
N.D. Ill. · 2024 · confidence medium
Litig., 90 F.3d 696 , 703 (3d Cir. 1996) (240-page, 600-paragraph complaint); Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (per curiam) (98-page, 144-paragraph complaint); but see Kadamovas, 706 F.3d at 844 (“[A] complaint may be long not because the draftsman is incompetent or is seeking to obfuscate . . . , but because it contains a large number of distinct charges.”).
discussed Cited as authority (rule) Samaritan Ministries International v. Kane
D.N.M. · 2024 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal of a 98-page amended complaint with 144 paragraphs); see also Gometz v. United States, 334 F. App’x 889, 891 (10th Cir. 2009) (describing a 100-page complaint as too long, in violation of Rule 8); Ausherman v. Stump, 643 F.2d 715, 716 (10th Cir. 1981) (describing a 63-page complaint with nine pages of attachments as non-compliant with Rule 8).
discussed Cited as authority (rule) Woods v. Doe
E.D. Ark. · 2024 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8 th Cir. 1983) (per curiam) (“given amended complaint’s 98 pages with 144 numbered paragraphs, and its style and prolixity of pleadings, orderly trial would have been impossible”)).
cited Cited as authority (rule) Kafkas v. Raimondo
E.D. Wis. · 2022 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (98-page complaint).
discussed Cited as authority (rule) Reinoehl v. Centers for Disease Control and Prevention
N.D. Ind. · 2022 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal with prejudice of needlessly prolix and confusing complaint because the “style and prolixity of these pleadings would have made an orderly trial impossible”); see also 2A Moore’s Federal Practice § 8.13, at 8-58 (noting that Rule 8 compliance allows a defendant to answer the complaint and that Rule 8 prevents problems with conducting pretrial discovery, formulating pretrial orders, and applying res judicata).
discussed Cited as authority (rule) Ryan v. State of Michigan
E.D. Mich. · 2021 · confidence medium
Mich. Dec. 5, 2006) (adopting magistrate judge’s report and dismissing prisoner civil rights complaint for failure to comply with Rule 8(a)(2)); accord Flayter v. Wisconsin Dep’t of Corr., 16 F. App’x 507, 509 (7th Cir. 2001) (dismissing 116-page complaint pursuant to Rule 8(a)(2)); Vicom, Inc. v. Harbridge Merchant Svs., Inc., 20 F.3d 771, 775-76 (7th Cir. 1994) (criticizing district court for declining to dismiss amended complaint with prejudice pursuant to Rule 8(a) and noting that “[a] complaint that is prolix and/or confusing makes it difficult for the defendant to file a responsi…
discussed Cited as authority (rule) Sanford v. K&B Transportation, Inc.
E.D. Mo. · 2021 · signal: cf. · confidence medium
Cf. Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal of a 98-page pro se complaint, the “style and prolixity” of which “would have made an orderly trial impossible.”); Smith v. Republic Servs., Inc., 2017 WL 4038143 , at *3 (E.D.
discussed Cited as authority (rule) Ryan v. State of Michigan
E.D. Mich. · 2021 · confidence medium
Mich. Dec. 5, 2006) (adopting magistrate judge’s report and dismissing prisoner civil rights complaint for failure to comply with Rule 8(a)(2)); accord Flayter v. Wisconsin Dep’t of Corr., 16 F. App’x 507, 509 (7th Cir. 2001) (dismissing 116-page complaint pursuant to Rule 8(a)(2)); Vicom, Inc. v. Harbridge Merchant Svs., Inc., 20 F.3d 771, 775-76 (7th Cir. 1994) (criticizing district court for declining to dismiss amended complaint with prejudice pursuant to Rule 8(a) and noting that “[a] 3 pleading and makes it difficult for the trial court to conduct orderly litigation); Jennings v.…
cited Cited as authority (rule) Campbell v. Louis Dejoy, Postmaster General of the United States Postal Service
E.D. Mo. · 2020 · confidence medium
State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir. 1983) (citations omitted) (“Ordinarily dismissal of a plaintiff’s complaint for failure to comply with Rule 8 should be with leave to amend.
discussed Cited as authority (rule) C.H. Robinson Worldwide, Inc. v. Traffic Tech, Inc.
D. Minnesota · 2020 · confidence medium
Where a “plaintiff has persisted in violating Rule 8 the district court is justified in dismissing the complaint with prejudice.” Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983).
discussed Cited as authority (rule) City of Webster Groves, MO v. CCATT LLC
E.D. Mo. · 2020 · signal: cf. · confidence medium
Cf. Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal of a 98-page pro se complaint, the “style and prolixity” of which “would have made an orderly trial impossible.”); Smith v. Republic Servs., Inc., 2017 WL 4038143 , at *3 (E.D.
discussed Cited as authority (rule) Dr. Wendi H. Anderson v. The School Board of Gloucester County, Virginia
E.D. Va. · 2020 · confidence medium
Similarly, Rule 8(d)(1) “specifies that each averment of a pleading is to be simple, concise, and direct.” Michaelis v. Nebraska State Bar Assoc., 717 F.2d 437, 438 (8th Cir. 1983) (citing former Rule 8(e)).
discussed Cited as authority (rule) Solomon v. Michigan Department of Corrections
E.D. Mich. · 2019 · confidence medium
Mich. Dec. 5, 2006) (adopting magistrate judge’s report and dismissing prisoner civil rights complaint for failure to comply with Rule 8(a)(2)); accord Flayter v. Wisconsin Dep’t of Corr., 16 F. App’x 507, 509 (7th Cir. 2001) (dismissing 116-page complaint pursuant to Rule 8(a)(2)); Vicom, Inc. v. Harbridge Merchant Svs., Inc., 20 F.3d 771 , 775- 76 (7th Cir. 1994) (criticizing district court for declining to dismiss amended complaint with prejudice pursuant to Rule 8(a) and noting that “[a] complaint that is prolix and/or confusing makes it difficult for the defendant to file a respon…
cited Cited as authority (rule) Jackson v. Dayton
D. Minnesota · 2018 · confidence medium
State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir. 1983).
discussed Cited as authority (rule) McDonnell v. Nationstar Mortgage LLC
W.D. Mo. · 2017 · confidence medium
Although dismissal of a complaint is normally made with leave to amend, see Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir. 1983), because there is no way FAS can be liable under the MMPA here, any amendment would be futile.
cited Cited as authority (rule) Scharrer v. Sanders (In re Fundamental Long Term Care., Inc.)
Bankr. M.D. Fla. · 2015 · confidence medium
Litig., 90 F.3d 696, 702-03 (3d Cir. 1996); Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st Cir. 1993); Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983). .
cited Cited as authority (rule) Wolff v. Bank of New York Mellon
D. Minnesota · 2014 · confidence medium
State Bar Assn., 717 F.2d 437, 438-39 (8th Cir.1983).
cited Cited as authority (rule) Rickmyer v. Browne
D. Minnesota · 2014 · confidence medium
State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir.1983) (“Ordinarily dismissal of a plaintiffs complaint for failure to comply with Rule 8 should be with leave to amend.
discussed Cited as authority (rule) Christensen v. Pennymac Loan Services, LLC
D. Minnesota · 2013 · confidence medium
Dismissal with Prejudice “Ordinarily dismissal of a [pleading] for failure to comply with Rule 8 should be with leave to amend.” Michael-is v. Nebraska State Bar Ass’n., 717 F.2d 437, 438-39 (8th Cir.1983).
discussed Cited as authority (rule) William Cody v. Douglas Loen
8th Cir. · 2012 · confidence medium
State Bar Ass’n, 717 F.2d 437, 439 (8th Cir.1983) (per curiam) (given amended complaint’s 98 pages with 144 numbered paragraphs, and its style and prolixity of pleadings, orderly trial would have been impossible).
cited Cited as authority (rule) Tatone v. SunTrust Mortgage, Inc.
D. Minnesota · 2012 · confidence medium
“Ordinarily dismissal of a [pleading] for failure to comply with Rule 8 should be with leave to amend.” Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir.1983).
discussed Cited as authority (rule) Sewraz v. Long
4th Cir. · 2011 · confidence medium
See, e.g., Garst, 328 F.3d at 379 (155 pages, 400 paragraphs, 99 attachments); Westinghouse Sec., 90 F.3d at 703-06 (3d Cir.1996) (600 paragraphs, 240 pages); Vicom, Inc. v. Harbridge Merck Svcs., 20 F.3d 771, 775-76 (7th Cir.1994) (finding 385-paragraph, 119-page “less-than-coherent” complaint should have been dismissed); Kuehl v. FDIC, 8 F.3d 905, 906-09 (1st Cir.1993) (358 paragraphs, 43 pages); * Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir.1983) (144 paragraphs, 98 pages); see also Hearns v. San Bernardino Police Dep’t, 530 F.3d 1124, 1127 (9th Cir.2008) (find…
cited Cited as authority (rule) Medical Supply Chain, Inc. v. Neoforma, Inc.
D. Kan. · 2006 · confidence medium
State Bar Assoc., 717 F.2d 437, 439 (8th Cir.1983) (98 pages, 144 paragraphs)).
cited Cited as authority (rule) In Re Williams Securities Litigation
N.D. Okla. · 2003 · confidence medium
Litig., 90 F.3d 696, 703 (3d Cir.1996); Michaelis v. Nebraska State Bar Assoc., 717 F.2d 437, 439 (8th Cir.1983); Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st Cir.1993). 17 .
discussed Cited as authority (rule) United States of America by and Through Joseph E. Garst v. Lockheed-Martin Corporation
7th Cir. · 2003 · confidence medium
See In re Westinghouse Securities Litigation, 90 F.3d 696, 702-03 (3d Cir.1996) (600 paragraphs spanning *379 240 pages); Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st Cir.1993) (358 paragraphs in “only” 43 pages); Michaelis v. Nebraska State Bar Association, 717 F.2d 437, 439 (8th Cir.1983) (144 paragraphs in 98 pages).
discussed Cited as authority (rule) Garst, Joseph E. v. Lockheed Integrated
7th Cir. · 2003 · confidence medium
See In re Westinghouse Securities Litigation, 90 F.3d 696, 702-03 (3d Cir. 1996) (600 paragraphs spanning 240 pages); Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st Cir. 1993) (358 paragraphs in “only” 43 pages); Michaelis v. Nebraska State Bar Association, 717 F.2d 437, 439 (8th Cir. 1983) (144 para- graphs in 98 pages).
discussed Cited as authority (rule) Valerie Bennett v. Marie Schmidt
7th Cir. · 1998 · confidence medium
See In re Westinghouse Securities Litigation, 90 F.3d 696, 702-03 (3d Cir.1996) (600 paragraphs spanning 240 pages); Kuehl v. FDIC, 8 F.3d 905, 905 (1st Cir.1993) (358 paragraphs, containing 36 repetitive claims, in 43 pages); Michaelis v. Nebraska State Bar Association, 717 F.2d 437, 439 (8th Cir.1983) (144 paragraphs in 98 pages).
cited Cited as authority (rule) Middleton v. City of Lakeland
M.D. Fla. · 1993 · confidence medium
Id., at 438, 439 .
discussed Cited as authority (rule) Arthur v. Supreme Court of Iowa
S.D. Iowa · 1989 · confidence medium
See Harris, 787 F.2d at 429 ; Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir.1983); Worldwide Church of God v. McNair, 805 F.2d 888, 891-92 (9th Cir.1986). “[T]he District Court is in essence being called upon to review the state court decision.” Feldman, 460 U.S. at 482 n. 16, 103 S.Ct. at 1315 n. 16.
discussed Cited as authority (rule) Salahuddin v. Cuomo
2d Cir. · 1988 · confidence medium
We do not mean to imply that the court has no power to dismiss a prolix complaint without leave to amend in extraordinary circumstances, such as where leave to amend has previously been given and the successive pleadings remain prolix and unintelligible, see, e.g., Prezzi v. Schelter, 469 F.2d 691, 692 (2d Cir.1972) (per curiam) (final dismissal appropriate where complaint was “a labyrinthian prolixity of unrelated and vituperative charges that defied comprehension” and amended complaint failed to cure prolixity and incomprehensibility), cer t. denied, 411 U.S. 935 , 93 S.Ct. 1911 , 36 L.E…
discussed Cited as authority (rule) Salahuddin v. Cuomo
2d Cir. · 1988 · confidence medium
See, e.g., Gordon v. Green, 602 F.2d 743, 745-47 (5th Cir.1979) (ruling that 4000-page pleading should have been dismissed for lack of compliance with Rule 8 but that leave to file amended complaint should be granted); Bertucelli v. Carreras, 467 F.2d 214, 215 (9th Cir.1972) (per curiam) (though prolix complaint violated rule 8(a), "ample opportunity for amendment should be provided in all except the most unusual cases"). 9 We do not mean to imply that the court has no power to dismiss a prolix complaint without leave to amend in extraordinary circumstances, such as where leave to amend has pr…
discussed Cited as authority (rule) James A. Mangan, on Behalf of Himself and the Following Four Similarly Situated Classes All Other Persons Deprived of Physical Profile Board Processes Those Who Have Been Wrongfully Assigned a \4\" Physical Profile Code by Afees Those Who Have Been Deprived of Their Right to Counseling After Examination Those Who Had Their Medical Examination Forged With a Counterfeit Stamp And/or Unlawfully Concealed v. Caspar Weinberger (2×) also: Cited "see"
unknown court · 1988 · confidence medium
"Dismissal is, however, a drastic sanction which should be sparingly exercised and is reviewable for abuse of discretion." Welsh v. Automatic Poultry Feeder Co., 439 F.2d 95, 96 (8th Cir.1971). 10 After reviewing the original and amended complaints, and in light of the express warning from the district court and the opportunity afforded appellant to comply with Fed.R.Civ.P. 8, we conclude that the district court did not abuse its discretion in holding that appellant's "deliberate persistence in refusing to conform his pleadings to the requirements of Rule 8 justifie[s] dismissal ... with preju…
discussed Cited as authority (rule) Hermandad-Union De Empleados Del Fondo Del Seguro Del Estado v. Monge
D.P.R. · 1985 · confidence medium
See, e.g., Zimmerman v. Grievance Committee, 585 F.Supp. 29 (N.D.N.Y.1983), aff'd., 726 F.2d 85 (2d Cir. 1984); Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir.1983); Tofano v. Supreme Court of Nevada, 718 F.2d 313 (9th Cir.1983); Verner v. State of Colorado, 533 F.Supp. 1109 (D.Colo.1982), aff'd., 716 F.2d 1352 (10th Cir.1983); Lowrie v. Goldenhersh, 716 F.2d 401 (7th Cir. 1983); Rosquist v. Jarrat Const. Corp., *100 570 F.Supp. 1206, 1210 (D.N.J.1983); Connell v. Connell, 571 F.Supp. 622, 623 (E.D.Pa.1983); National Carloading Corp. v. Shulman, 570 F.Supp. 3, 4-5 (N.D.Ga.…
discussed Cited "see" Robinson v. Carson
D. Neb. · 2023 · signal: see · confidence high
While “[a] pro se complaint must be liberally construed, and pro se litigants are held to a lesser pleading standard than other parties,” Id. at 849 (internal quotation marks and citations omitted), pro se plaintiffs must set forth enough factual allegations to “nudge[] their claims across the line from conceivable to plausible,” or “their complaint must be dismissed,” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 569-70 (2007); see 12 Cf. Michaelis v. Nebraska State Bar Ass'n, 717 F.2d 437 , 439 (8th Cir. 1983) (affirming dismissal of a 98- page pro se complaint, the “style and …
discussed Cited "see" Riley v. United States Fire Insurance Company
W.D. Mo. · 2022 · signal: see · confidence high
See Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir. 1983) (holding dismissal of a plaintiff’s complaint should ordinarily be without prejudice). 4 Defendants also argue that this claim fails because they have not retained a benefit under circumstances that are unjust.
discussed Cited "see" Snelling v. City of St. Louis, Missouri
E.D. Mo. · 2019 · signal: see · confidence high
See Cf. Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal of a 98-page pro se complaint, the “style and prolixity” of which “would have made an orderly trial impossible.”); Smith v. Republic Servs., Inc., 2017 WL 4038143 , at *3 (E.D.
discussed Cited "see" Baude v. City of Saint Louis, Missouri
E.D. Mo. · 2019 · signal: see · confidence high
See Cf. Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983) (affirming dismissal of a 98-page pro se complaint, the “style and prolixity” of which “would have made an orderly trial impossible.”); Smith v. Republic Servs., Inc., 2017 WL 4038143 , at *3 (E.D.
discussed Cited "see" Hines v. Graham
N.D. Tex. · 2004 · signal: see · confidence high
See Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir.1983) (citations omitted) (holding that a “district court is justified in dismissing [a] complaint with prejudice” if the plaintiff persists in violating Rule 8).
cited Cited "see" Pahmer v. Greenberg
E.D.N.Y · 1996 · signal: see · confidence high
See Michaelis v. Nebraska State Bar Ass'n, 717 F.2d 437, 439 (8th Cir.1983) (affirming dismissal with prejudice under Rule 8 of a needlessly lengthy complaint); Nevijel v. North Coast Life Ins.
cited Cited "see" Plymale v. Freeman
6th Cir. · 1991 · signal: see · confidence high
See Michaelis v. Nebraska State Bar Ass'n, 717 F.2d 437 , 439 (8th Cir.1983); Nevijel v. North Coast Life Ins.
cited Cited "see" Mangan v. Weinberger
unknown court · 1988 · signal: see · confidence high
See Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 438-39 (8th Cir.1983) (per curiam) (Michaelis); Nevijel v. North Coast Life Insurance Co., 651 F.2d 671, 673-74 (9th Cir.1981) {Nevijel).
cited Cited "see" Morgan v. Kobrin Securities, Inc.
N.D. Ill. · 1986 · signal: see · confidence high
See Michaelis v. Nebraska Bar Association, 717 F.2d 437, 438-9 (8th Cir.1983).
discussed Cited "see, e.g." Clark v. Lancaster Court of Nebraska
D. Neb. · 2023 · signal: see, e.g. · confidence low
See, e.g., Michaels v. Nebraska State Bar Assoc., 717 F.2d 437 (8th Cir. 1983); Mangan v. Weinberger, 848 F.2d 909 (8th Cir. 1988). 1 The Court notes Plaintiff’s Amended Complaint was submitted on a handwritten caption form, Filing No. 13 at 1, even though he was provided a Civil Complaint Form on which to file his Amended Complaint, see Filing No. 12 at 8.
cited Cited "see, e.g." Clark v. Wells Fargo Bank
D. Neb. · 2023 · signal: see, e.g. · confidence low
See, e.g., Michaels v. Nebraska State Bar Assoc., 717 F.2d 437 (8th Cir. 1983); Mangan v. Weinberger, 848 F.2d 909 (8th Cir. 1988).
discussed Cited "see, e.g." Ciralsky v. Central Intelligence Agency
D.C. Cir. · 2004 · signal: compare · confidence medium
Compare Michaelis v. Nebraska State Bar Assn, 717 F.2d 437, 438-39 (8th Cir.1983) (noting that "[o]rdinarily dismissal of a plaintiff's complaint for failure to comply with Rule 8 should be with leave to amend,” but affirming dismissal with prejudice where plaintiff, after an initial dismissal with leave to amend, "refused persistently to comply” by twice refiling substantially longer complaints, the “style and prolixity of [which] would have made an orderly trial impossible”). 9 .
cited Cited "see, e.g." Davis, Larry v. Ruby Foods Inc
7th Cir. · 2001 · signal: see also · confidence medium
See also Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir. 1983).
cited Cited "see, e.g." Larry Davis v. Ruby Foods, Inc., Doing Business as Dunkin' Donuts, Inc., and Baskin-Robbins, Inc.
7th Cir. · 2001 · signal: see also · confidence medium
See also Michaelis v. Nebraska State Bar Ass’n, 717 F.2d 437, 439 (8th Cir.1983).
discussed Cited "see, e.g." Vicom, Inc. v. Harbridge Merchant Services, Inc., as Successor in Interest to Peach Tree Bancard Corporation, Judy Elliot, James Elliot (2×)
7th Cir. · 1994 · signal: see also · confidence medium
See 2A Moore's Federal Practice Sec. 8.13, at 8-58 (noting that Rule 8 compliance allows a defendant to answer the complaint, and that Rule 8 prevents problems with conducting pretrial discovery, formulating pretrial orders, and applying res judicata); see also Michaelis v. Nebraska State Bar Assoc., 717 F.2d 437, 439 (8th Cir.1983) (affirming dismissal with prejudice of needlessly prolix and confusing complaint because "the style and prolixity of these pleadings would have made an orderly trial impossible").
Retrieving the full opinion text from the archive…
Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) and Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father and Next Friend, and Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father and Next Friend
v.
The Nebraska State Bar Association, a Nebraska Association, and Homer Ed Hurt, Jr. James Egley Kenneth Olds Pliny M. Moodie Robert D. Moodie John M. Thor, Jr. Stanley P. Gushard William E. Webster, All Nebraska Lawyers and Members of the Nebraska State Bar Association Richard P. Garden, a Nebraska Lawyer and Member of the Nebraska State Bar Association Lucille Toelle Norris Maack Richard Lindberg Gwen Lindberg, D/B/A West Point News Theodore M. Huettmann and Gladys M. Huettmann, D/B/A Wisner News-Chronicle the Norfolk Daily News Fremont Tribune Lincoln Journal Newspaper Omaha World Herald Company, Owner-Publisher of Omaha World Herald Newspapers the Associated Press Wireservices and Paul Douglas, Ken L. Michaelis (Formally Known as Kenneth L. Michaelis) and Iona Rae Michaelis Rory Lee Michaelis, a Minor, by Ken L. Michaelis, His Father and Next Friend, Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, His Father and Next Friend, and Kari Lynn Michaelis, a Minor, by Ken L. Michaelis, Her Father and Next Friend v. Norman M. Krivosha Leslie Boslaugh William C. Hastings Hale McCown Donald Brodkey Lawrence M. Clinton (Deceased) Edward Asche Dixon G. Adams Pliny M. Moodie Robert D. Moodie Homer Ed Hurt, Jr. Stanley P. Gushard Kenneth Olds James Egley John M. Thor, Jr. William E. Webster, All Being Members of the Nebraska State Bar Association the Nebraska State Bar Association, a Nebraska Association Consisting of All Licensed Nebraska Lawyers, All Nebraska Lawyers
83-1766.
Court of Appeals for the Eighth Circuit.
Sep 13, 1983.
717 F.2d 437

717 F.2d 437

Ken L. MICHAELIS (formally known as Kenneth L. Michaelis)
and Iona Rae Michaelis; Rory Lee Michaelis, a Minor, by Ken
L. Michaelis, his father and next friend, and Kyle Lee
Michaelis, a Minor, by Ken L. Michaelis, his father and next
friend, Appellants,
v.
The NEBRASKA STATE BAR ASSOCIATION, a Nebraska Association,
and Homer Ed Hurt, Jr.; James Egley; Kenneth Olds; Pliny
M. Moodie; Robert D. Moodie; John M. Thor, Jr.; Stanley
P. Gushard; William E. Webster, all Nebraska lawyers and
members of the Nebraska State Bar Association; Richard P.
Garden, a Nebraska lawyer and member of the Nebraska State
Bar Association; Lucille Toelle; Norris Maack; Richard
Lindberg; Gwen Lindberg, d/b/a West Point News; Theodore
M. Huettmann and Gladys M. Huettmann, d/b/a Wisner
News-Chronicle; The Norfolk Daily News; Fremont Tribune;
Lincoln Journal newspaper; Omaha World Herald Company,
owner-publisher of Omaha World Herald newspapers; The
Associated Press Wireservices and Paul Douglas, Appellees.
Ken L. MICHAELIS (formally known as Kenneth L. Michaelis)
and Iona Rae Michaelis; Rory Lee Michaelis, a Minor, by Ken
L. Michaelis, his father and next friend, Kyle Lee
Michaelis, a Minor, by Ken L. Michaelis, his father and next
friend, and Kari Lynn Michaelis, a Minor, by Ken L.
Michaelis, her father and next friend, Appellants,
v.
Norman M. KRIVOSHA; Leslie Boslaugh; William C. Hastings;
Hale McCown; Donald Brodkey; Lawrence M. Clinton
(deceased); Edward Asche; Dixon G. Adams; Pliny M.
Moodie; Robert D. Moodie; Homer Ed Hurt, Jr.; Stanley P.
Gushard; Kenneth Olds; James Egley; John M. Thor, Jr.;
William E. Webster, all being members of the Nebraska State
Bar Association; The Nebraska State Bar Association, a
Nebraska Association consisting of all licensed Nebraska
lawyers, all Nebraska lawyers, Appellees.

No. 83-1766.

United States Court of Appeals,
Eighth Circuit.

Submitted Sept. 7, 1983.
Decided Sept. 13, 1983.

Paul L. Douglas, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., Michael McGill, Robert L. Lepp, of McGill, Koley, Parsonage & Lanphier, P.C., Charles F. Gotch and Dennis R. Riekenberg, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for appellees.

Rory Lee Michaelis and Ken L. Michaelis, pro se.

Before HENLEY, Senior Circuit Judge, and JOHN R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

[*~437]1

This is a consolidated appeal from the district court's dismissal of civil rights complaints. On appeal the issue is whether the district court properly dismissed the complaints with prejudice for refusal to comply with the Federal Rules of Civil Procedure and for lack of subject matter jurisdiction. Having considered the record, we affirm.

2

Appellant Ken L. Michaelis was disbarred for his actions during his 1978 campaign for County Attorney of Cuming County, Nebraska. See State ex rel. Nebraska State Bar Association v. Michaelis, 210 Neb. 545, 316 N.W.2d 46, cert. denied, --- U.S. ----, 103 S.Ct. 27, 74 L.Ed.2d 42 (1982). Following his disbarment Michaelis filed two actions in federal court, alleging deprivation of various rights. His initial complaint was dismissed, without prejudice and with leave to amend, for lack of compliance with Fed.R.Civ.P. 8. He then filed a complaint commencing a second action and later filed an amended complaint pursuant to the terms of the earlier dismissal. Both of these complaints were substantially similar to his initial complaint in form, content and parties. After a consolidated hearing on motions to dismiss filed in both cases, the district court dismissed both complaints with prejudice, 566 F.Supp. 89 and 566 F.Supp. 94.

[*~437]3

Under Rule 8(a) a claim for relief is required to contain a short and plain statement of the claim. Similarly, Rule 8(e)(1) specifies that each averment of a pleading is to be simple, concise and direct. Ordinarily dismissal of a plaintiff's complaint for failure to comply with Rule 8 should be with leave to amend. See Koll v. Wayzata State Bank, 397 F.2d 124, 127 (8th Cir.1968). But if the plaintiff has persisted in violating Rule 8 the district court is justified in dismissing the complaint with prejudice. See Micklus v. Greer, 705 F.2d 314, 317 n. 3 (8th Cir.1983).

4

In the present case Michaelis refused persistently to comply with the requirements of Rule 8 despite adequate warning from the district court and sufficient opportunity to do so. Michaelis' first complaint consisted of 38 unnumbered pages containing 98 paragraphs. The district court found this complaint "needlessly long, repetitious and confused," and ordered the complaint dismissed with leave to amend. The amended complaint covered 98 pages and 144 numbered paragraphs. Moreover, before the amended complaint was filed, Michaelis commenced a second similar action by filing a 60-page complaint containing 99 numbered paragraphs. The style and prolixity of these pleadings would have made an orderly trial impossible. Michaelis' deliberate persistence in refusing to conform his pleadings to the requirements of Rule 8 justified dismissal of the complaints with prejudice.

5

In addition, the district court properly dismissed the complaints on the further ground that it lacked subject matter jurisdiction. Essentially, the complaints raise issues that were fully litigated in Michaelis' disciplinary proceedings before the Nebraska Supreme Court. Michaelis properly sought review of this decision in the United States Supreme Court. Relief was denied. His subsequent complaints that raise the same issues before the district court constitute an improper attempt to obtain federal district court review of a state court judgment. See District of Columbia Court of Appeals v. Feldman, --- U.S. ----, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). In emphasizing the primacy of state interest in regulating the bar, the Court in Feldman observed that " '[o]rders of a state court relating to the admission, discipline, and disbarment of members of its bar may be reviewed only by the Supreme Court of the United States on certiorari to the state court, and not by means of an original action in a lower federal court.' " 103 S.Ct. at 1316 n. 16 (quoting MacKay v. Nesbett, 412 F.2d 846, 846 (9th Cir.), cert. denied, 396 U.S. 960, 90 S.Ct. 435, 24 L.Ed.2d 425 (1969)). Accord, In re Randall, 640 F.2d 898, 901 (8th Cir.) (certiorari to the United States Supreme Court is the sole means of reviewing disbarment by state supreme court), cert. denied, 454 U.S. 880, 102 S.Ct. 361, 70 L.Ed.2d 189 (1981).

[*~438]6

Consequently, the dismissals by the district court are affirmed.