A complaint constitutes a shotgun pleading if it fails to present each claim for relief in a separate count as required by Rule 10(b).
A plaintiff filed a civil rights action alleging wrongful termination based on race, association, and lack of due process, but the complaint utilized 'shotgun' pleading by incorporating all prior factual allegations into every subsequent count. This structure made it virtually impossible to discern which facts supported which specific claims for relief. Because the defective pleadings prevented the court from determining whether the defendants were entitled to qualified immunity, the court held that the district court's denial of immunity must be affirmed without prejudice. Under the Federal Rules of Civil Procedure, a plaintiff must present each claim for relief in a separate count with sufficient clarity and precision to allow the defendant to frame a responsive pleading.
At page 366 Defining and remedying shotgun pleading under rule 10(b)190 citing cases“it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief”
- Tablemation Studios, LLC v. Celebrity Cruises, Inc., No. 1:24-cv-25064 (S.D. Fla. Nov. 5, 2025).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Taylor, No. 1:26-cv-22361 (S.D. Fla. Aug. 5, 2026). Fla. Cmty. Coll., 77 F.3d 364 , 367 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants s…
- Richard, No. 2:26-cv-00055 (M.D. Ala. Mar. 3, 2026). Fla. Cmty. Coll., 77 F.3d 364 , 367 n.5 (11th Cir. 1996) (“On examining [the] pleadings, the court, acting sua sponte, should have struck the plaintiff’s [shotgun] complaint, and the defendants’ answer, and instructed plaintiff’s counsel t…
- Jaime Vargas v. Lincare, Inc., 134 F.4th 1150 (11th Cir. 2025).published (Where, as here, the plaintiff asserts multiple claims for relief, a more definite statement, if properly drawn, will present each claim for relief in a separate count, as required by Rule 10(b).)
- Russell v. Deutsche Bank Nat'l Trust Co., No. 5:23-cv-01149 (N.D. Ala. Apr. 1, 2024). Fla. Cmty. Coll., 77 F.3d 364 , 366 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants s…
- Doe v. Colquitt Cnty. Georgia Sch. Dist., No. 7:19-cv-00210 (M.D. Ga. Apr. 21, 2020).“a defendant faced with a shotgun pleading is not expected to frame a responsive pleading. rather, the defendant is expected to move the court, pursuant to rule 12(e), to require the plaintiff to file a more definite sta…”
- Amin v. Mercedes-Benz USA, LLC, 349 F. Supp. 3d 1338 (N.D. Ga. 2018).published Fla. Cmty. Coll. , 77 F.3d 364 , 367 (11th Cir. 1996) ("Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants…
- Smith v. Turner, No. 1:15-cv-00371 (S.D. Ala. Dec. 29, 2017).([Plaintiff’s] complaint is a perfect example of ‘shotgun’ pleading in that it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.)
- Nezbeda v. Liberty Mut. Ins. Corp., 306 F. Supp. 3d 1335 (N.D. Ga. 2017).published([Plaintiff's] complaint is a perfect example of 'shotgun' pleading in that it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.)
- Christopher J. Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015).published Fla. Cmty. Coll., 77 F.3d 364 , 367 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants s…
Show 178 more citing cases
- Strategic Income Fund v. Spear, Leeds & Kellogg, No. 00-13002 (11th Cir. Sept. 23, 2002).published ([Plaintiff’s] complaint is a perfect example of ‘shotgun’ pleading in that it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.)
- William J. Holmes, Jr. v. PNC Bank, N.A., No. 3:26-cv-00856 (M.D. Fla. Sept. 9, 2026).(a shotgun complaint which makes it “virtually impossible to know which allegations of fact are intended to support which claim(s) for relief,” they are not tolerated because they “waste scarce judicial resources)
- Ware, No. 3:26-cv-02062 (M.D. Fla. Aug. 20, 2026).(explaining that a properly drawn complaint “will present each claim for relief in a separate count, as required by Rule 10(b)
- Ellison-Mosley, No. 6:25-cv-02043 (M.D. Fla. July 17, 2026). Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996)).
- Isbell, No. 1:25-cv-01096 (N.D. Ala. June 30, 2026).Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996) (emphasis added)).
- Kriman, No. 3:25-cv-02266 (N.D. Tex. June 24, 2026). Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996).
- U.S. Sec. & Exch. Comm'n v. Spartan Sec. Grp., LTD, 164 F.4th 1231 (11th Cir. 2026).published There, we held that the plaintiff’s complaint was “a perfect example of [a] ‘shotgun’ pleading” because it was “virtually impossible to know which allegations of fact [were] intended to support which claim(s) for relief.” Id. at 366.
- Kelly v. Elite Roofing, LLC(MAG+), No. 2:24-cv-00388, 2024 WL 4993858 (M.D. Ala. Dec. 5, 2024). Ala. July 2, 2024) (quoting Anderson, 77 F.3d at 366); see also Weiland, 792 F.3d at 1323 (explaining that “the unifying characteristic” of shotgun complaints “is that they fail to one degree or another, and in one way or another, to give…
- Macker v. Macker, No. 6:23-cv-01963 (M.D. Fla. Nov. 25, 2024).However, a court may dismiss a complaint as a shotgun pleading only “where ‘it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.’” Weiland, 792 F.3d at 1325 (quoting Anderson, 77 F…
- Dothan City Schs. Bd. of Educ. v. C., No. 1:23-cv-00357 (M.D. Ala. Feb. 26, 2024).A.C. goes on to plead in detail that A.C. was the prevailing party in the underlying proceedings and the attorney’s hourly rates and total for each due process hearing.2 In a case with a single party on either side and two claims, one of w…
- Klivington v. Voss (CONSENT), No. 1:22-cv-00574 (M.D. Ala. Aug. 25, 2023).“A shotgun pleading is one where ‘it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.’” Nurse v Sheraton Atlanta Hotel, 618 F. App’x at 987, 990 (11th Cir. 2015) (quoting Anderson…
- Kennedy v. Austin, No. 4:21-cv-00333 (S.D. Ga. June 9, 2023).Id. at 366.
- Kaleta v. City of Holmes Beach, No. 8:22-cv-02472 (M.D. Fla. Apr. 3, 2023).Anderson, 77 F.3d at 366.
- Lula T. Beckwith v. Bellsouth Telecomm., 146 F. App'x 368 (11th Cir. 2005).unpublished
- Cesnik v. Edgewood Baptist Church, 88 F.3d 902 (11th Cir. 1996).published
- Cobb v. Marshall, 481 F. Supp. 2d 1248 (M.D. Ala. 2007).published
- Jarzynka v. St. Thomas Univ. Sch. of Law, 310 F. Supp. 2d 1256 (S.D. Fla. 2004).published
- City of Fort Lauderdale v. Scott, 773 F. Supp. 2d 1355 (S.D. Fla. 2011).published
- Younes Kabbaj v. Barack H. Obama, 568 F. App'x 875 (11th Cir. 2014).unpublished
- Lori Rappaport LaCroix v. W. Dist. of Kentucky, 627 F. App'x 816 (11th Cir. 2015).unpublished
- Marlborough Holdings Grp., Ltd. v. Azimut-Benetti, SpA, Platinum Yacht Collection No. Two, Inc., 505 F. App'x 899 (11th Cir. 2013).unpublished
- S. Nev. Adult Mental Health Servs. v. Brown, No. 78770 (Nev. Nov. 17, 2021).published
- Croons v. New York State Off. of Mental Health, 18 F. Supp. 3d 193 (N.D.N.Y. 2014).published
- T-12 Ent., LLC v. Young Kings Enter., Inc., 36 F. Supp. 3d 1380 (N.D. Ga. 2014).published
- RB Jai Alai, LLC v. Sec'y of the Florida Dep't of Transp., 47 F. Supp. 3d 1353 (M.D. Fla. 2014).published
- O'Boyle v. Sweetapple, 187 F. Supp. 3d 1365 (S.D. Fla. 2016).published
- Brazil v. Janssen Rsch. & Dev. LLC, 249 F. Supp. 3d 1321 (N.D. Ga. 2016).published
- Smith v. Smith (In re Smith), 489 B.R. 875 (Bankr. M.D. Ga. 2013).published
- Perret v. Wyndham Vacation Resorts, Inc., 846 F. Supp. 2d 1327 (S.D. Fla. 2012).published
- Bates v. Laminack, 938 F. Supp. 2d 649 (S.D. Tex. 2013).published
- Adams v. Huntsville Hosp., No. 5:20-cv-00016 (N.D. Ala. Mar. 18, 2020).
- Snow v. Etowah Cnty. Sheriffs Dep't, No. 4:20-cv-00344 (N.D. Ala. Nov. 24, 2020).
- Craighead v. Austal USA, LLC, No. 1:17-cv-00445, 2017 WL 6559917 (S.D. Ala. Dec. 21, 2017).
- Confederacion Hipica of Puerto Rico Inc. v. Tote Mar. Puerto Rico, LLC, No. 3:20-cv-00448 (M.D. Fla. May 4, 2020).
- Bailey v. Bell-Rich Transp., LLC, No. 3:19-cv-00461, 2020 WL 3440585 (M.D. Fla. June 23, 2020).
- Starnes v. Nocco, No. 8:20-cv-03001 (M.D. Fla. Aug. 21, 2021).
- Ziegler v. Nocco, No. 8:20-cv-03002 (M.D. Fla. Aug. 27, 2021).
- Gibson v. Nocco, No. 8:20-cv-02992 (M.D. Fla. Sept. 3, 2021).
- Marchione v. Nocco, No. 8:20-cv-02997 (M.D. Fla. Sept. 16, 2021).
- Dunn v. Mojo Fam., LLC, No. 5:24-cv-00249 (M.D. Fla. May 16, 2024).
- Terry v. Robinett (MAG+), No. 2:20-cv-01058 (M.D. Ala. Aug. 23, 2021).
- Anderson v. Pathway, Inc. (MAG+), No. 1:22-cv-00028 (M.D. Ala. Aug. 11, 2022).
- Keppel v. Nocco, No. 8:20-cv-03003 (M.D. Fla. Sept. 24, 2021).
- Merryman v. St. Johns River Water Mgmt. Dist., No. 3:24-cv-00658, 2024 WL 4625724 (M.D. Fla. Oct. 30, 2024).
- McLAURIN v. Miami-Dade Cnty., No. 1:24-cv-23770 (S.D. Fla. Nov. 19, 2024).
- Phillips v. Coastal Admin., No. 5:25-cv-00131 (M.D. Ga. Oct. 6, 2025).
- Dunn v. Moulton, No. 5:25-cv-00341 (M.D. Ga. Oct. 10, 2025).
- Taylor, No. 5:25-cv-00226 (M.D. Ga. Nov. 6, 2025).
- Wheeler, No. 3:26-cv-01449 (M.D. Fla. June 15, 2026).
- Moore, No. 3:26-cv-01577 (M.D. Fla. July 2, 2026).
- Mcneely, No. 3:26-cv-01727 (M.D. Fla. July 9, 2026).
- Jacinto, No. 3:26-cv-01632 (M.D. Fla. July 31, 2026).
- Brozowski, No. 3:26-cv-01871 (M.D. Fla. July 31, 2026).
- Corbitt v. Home Depot U.S.A., Inc., 573 F.3d 1223 (11th Cir. 2009).published
- Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., First Options of Chicago, Inc., 305 F.3d 1293 (1st Cir. 2002).published
- Corbitt v. Home Depot U.S.A., Inc., 589 F.3d 1136 (11th Cir. 2009).published
- Yvonne Hickman v. Nathaniel Hickman, 563 F. App'x 742 (11th Cir. 2014).unpublished
- Gaynett Powell v. Assistant Warden Harris, 628 F. App'x 679 (11th Cir. 2015).unpublished
- Garfield Baker v. Warner/Chappell Music, Inc., No. 18-11798 (11th Cir. Nov. 27, 2018).unpublished
- Tommy J. Embree v. Wyndham Worldwide Corp., No. 18-13924 (11th Cir. July 16, 2019).unpublished
- Peter M. Vujin v. Russell W. Galbut, 836 F. App'x 809 (11th Cir. 2020).unpublished
- United States ex rel. Saldivar v. Fresenius Med. Care Holdings, Inc., 972 F. Supp. 2d 1317 (N.D. Ga. 2013).published
- Antonio R. Davis v. Fort Lauderdale Police Dep't (Internal Affairs), No. 23-10034 (11th Cir. Feb. 12, 2024).unpublished
- Fitzpatrick v. Koch Foods of Alabama, LLC (CONSENT), No. 2:19-cv-00553 (M.D. Ala. June 1, 2021).
- Kelly v. Montgomery Hous. Auth. (MAG+), No. 2:24-cv-00166, 2024 WL 1837195 (M.D. Ala. Apr. 26, 2024).
- Farley v. Tarrant, City of, No. 2:19-cv-01845 (N.D. Ala. Jan. 25, 2021).
- Connell v. Dunn, No. 2:21-cv-00629 (N.D. Ala. Apr. 25, 2022).
- Beaulieu v. Powell, No. 2:22-cv-00878 (N.D. Ala. Oct. 13, 2022).
- Pennington v. Tuscaloosa Cnty., No. 7:22-cv-01265 (N.D. Ala. Mar. 22, 2023).
- Taylor v. Alabama Power Co., No. 1:23-cv-00116 (S.D. Ala. Feb. 8, 2024).
- Brett v. Amazon.Com, Inc., No. 3:19-cv-01327 (M.D. Fla. Nov. 18, 2019).
- Rosado v. Dep't of the Navy, No. 3:19-cv-01428 (M.D. Fla. Dec. 17, 2019).
- Stenzel v. Equifax Info. Servs. LLC, No. 8:19-cv-01247 (M.D. Fla. Jan. 6, 2020).
- Pinto v. Collier Cnty., No. 2:19-cv-00551, 2020 WL 2219185 (M.D. Fla. May 7, 2020).
- Felarise, Sr. v. Dann Ocean Towing, Inc., No. 8:20-cv-00544 (M.D. Fla. June 26, 2020).
- West v. Univ. of North Florida Found., Inc., No. 3:20-cv-00969 (M.D. Fla. Sept. 3, 2020).
- Johnson v. Nocco, No. 8:20-cv-01370 (M.D. Fla. Nov. 13, 2020).
- Rosado-Cabrera v. Pfizer, Inc., No. 8:20-cv-02008 (M.D. Fla. Feb. 19, 2021).
- Lucia v. Gualtieri, No. 8:20-cv-02332 (M.D. Fla. Feb. 3, 2021).
- Maldonado v. Baker Cnty. Sheriff's Off., No. 3:20-cv-00638 (M.D. Fla. Mar. 30, 2021).
- Stapleton v. CSX Transp., Inc., 530 F. Supp. 3d 1128 (M.D. Fla. 2021).published
- Hampton v. MTC Med., LLC, No. 3:21-cv-00449 (M.D. Fla. May 6, 2021).
- Pitner v. Costco Wholesale Corp., No. 8:21-cv-00410 (M.D. Fla. Aug. 16, 2021).
- Horowitz v. Pfizer Inc, No. 2:20-cv-00955 (M.D. Fla. Aug. 19, 2021).
- Pitner v. Costco Wholesale Corp., No. 8:21-cv-00410 (M.D. Fla. Jan. 4, 2022).
- Newcome v. Hernando Cnty. Sheriff's Off., No. 8:21-cv-02171 (M.D. Fla. Feb. 2, 2022).
- McNair v. Future Motion, Inc., No. 3:22-cv-00329 (M.D. Fla. Mar. 25, 2022).
- Newcome v. Hernando Cnty. Sheriff's Off., No. 8:21-cv-02171 (M.D. Fla. June 8, 2022).
- Moreau v. Feld Ent., Inc., No. 8:22-cv-01295 (M.D. Fla. Feb. 27, 2023).
- Perry v. Ryan, No. 8:22-cv-02752 (M.D. Fla. Mar. 8, 2023).
- Chapman v. Waste Pro of Florida, Inc., No. 3:23-cv-00657 (M.D. Fla. June 6, 2023).
- Curry v. Jenkins, No. 8:22-cv-02071 (M.D. Fla. July 12, 2023).
- Riley v. CSX Transp., Inc., No. 3:23-cv-00960, 2023 WL 5302973 (M.D. Fla. Aug. 17, 2023).
- Williams v. Chronister, No. 8:23-cv-01759, 2023 WL 5432459 (M.D. Fla. Aug. 23, 2023).
- Sec. & Exch. Comm'n v. Taronis Tech., Inc., No. 8:22-cv-01939 (M.D. Fla. Aug. 31, 2023).
- Brantley v. CSX Transp., Inc., No. 3:23-cv-01127 (M.D. Fla. Oct. 2, 2023).
- Brantley v. CSX Transp., Inc., No. 3:23-cv-01127 (M.D. Fla. Oct. 23, 2023).
- Green v. Intuit, Inc., No. 8:23-cv-01039 (M.D. Fla. Feb. 14, 2024).
- Holmes v. City of Clearwater, No. 8:23-cv-01380 (M.D. Fla. Feb. 26, 2024).
- Adeshile v. Jacksonville Transp. Auth., No. 3:22-cv-01263 (M.D. Fla. May 1, 2024).
- Coonfield v. Servbank Inc, No. 8:24-cv-00449 (M.D. Fla. May 30, 2024).
- Germain v. Mario's Air Conditioning & Heating, Inc., No. 8:23-cv-00671 (M.D. Fla. June 17, 2024).
- Staggers v. Int'l Longshoreman Ass'n, No. 1:20-cv-24202 (S.D. Fla. Jan. 28, 2021).
- Millstein v. Holtz, No. 0:21-cv-61179 (S.D. Fla. Aug. 23, 2022).
- Millstein v. Holtz, No. 0:21-cv-61179 (S.D. Fla. Sept. 2, 2022).
- Jean-Baptiste v. Publix Super Markets, Inc., No. 1:23-cv-23181 (S.D. Fla. Aug. 28, 2023).
- Webb v. Miami-Dade Cnty. Gov't, No. 1:23-cv-23122 (S.D. Fla. Aug. 25, 2023).
- Spotts v. Carnival Corp., 711 F. Supp. 3d 1360 (S.D. Fla. 2024).published
- Scott v. Macon Bibb Cnty. Georgia, No. 5:21-cv-00239 (M.D. Ga. Mar. 8, 2023).
- Clayton v. Ward, No. 5:24-cv-00161 (M.D. Ga. June 12, 2024).
- Kanopy Holdings, Inc. v. WL Grp. Ltd, No. 1:21-cv-03304 (N.D. Ga. Sept. 20, 2022).
- Rosen v. Case, No. 21-01091 (Bankr. S.D. Fla. Feb. 25, 2022).
- Chandler v. Stakeholder Payroll Servs. LLC, No. 5:23-cv-01101 (N.D. Ala. Sept. 3, 2024).
- Sec. & Exch. Comm'n v. Mufareh, No. 6:23-cv-01539 (M.D. Fla. Aug. 27, 2024).
- Boyd v. Premier Outdoor USA LLC, No. 3:24-cv-00890 (M.D. Fla. Aug. 30, 2024).
- Cloutier v. Pesata, No. 3:23-cv-00744 (M.D. Fla. Sept. 11, 2024).
- Am. Civil Liberties Union Found. of Florida, Inc. v. Baker Cnty. Sheriff's Off., No. 3:22-cv-01044 (M.D. Fla. Sept. 11, 2024).
- Litke v. P.B. Express, Inc., No. 3:23-cv-01266 (M.D. Fla. Oct. 2, 2024).
- Valadez v. City of San Antonio, No. 5:21-cv-00002, 2022 WL 1608016 (W.D. Tex. May 20, 2022).
- Said v. Ministry of Interior, No. 8:21-cv-01073 (M.D. Fla. Mar. 2, 2023).
- Turner-Pugh v. Monroe Cnty. Bd. of Educ., No. 1:23-cv-00294 (S.D. Ala. Aug. 16, 2024).
- Norman v. Amazon Payments Inc., No. 8:24-cv-01012 (M.D. Fla. Oct. 24, 2024).
- Dey v. JP Morgan Chase Bank & Co., No. 3:24-cv-00987 (M.D. Fla. Jan. 13, 2025).
- Parke v. Delta Air Lines Inc., No. 6:23-cv-02221 (M.D. Fla. Feb. 13, 2025).
- Wills v. Weaver Police Dep't, The, No. 1:24-cv-00190 (N.D. Ala. Feb. 24, 2025).
- Khan v. United States, No. 6:24-cv-01597 (M.D. Fla. Feb. 25, 2025).
- King v. Lee Cnty., No. 2:24-cv-00375, 2025 WL 676224 (M.D. Fla. Mar. 3, 2025).
- Rodriguez v. Radcliffe, No. 3:25-cv-00266 (M.D. Fla. Mar. 14, 2025).
- Simpson v. Recksiedler, No. 6:24-cv-01367 (M.D. Fla. Mar. 31, 2025).
- Williams v. Mayo Clinic, No. 3:25-cv-00360 (M.D. Fla. Apr. 10, 2025).
- Somerville v. Dep't of Health & Human Servs., No. 6:24-cv-02185 (M.D. Fla. Apr. 22, 2025).
- Whitley v. Nassau Cnty. Sheriff's Off., No. 3:25-cv-00441 (M.D. Fla. May 5, 2025).
- Publix Litig. P'ship, LLP v. Publix Super Markets, Inc., No. 8:22-cv-02361 (M.D. Fla. May 13, 2025).
- Chang v. Forever Vets, LLC, No. 3:25-cv-00563 (M.D. Fla. June 9, 2025).
- Juravin v. Rada, No. 5:24-cv-00618 (M.D. Fla. May 27, 2025).
- Randall-Mosely v. Citibank, N. A., No. 3:25-cv-00700 (M.D. Fla. July 2, 2025).
- Merritt v. Knowles, No. 6:24-cv-01365 (M.D. Fla. July 16, 2025).
- Johnston v. Anti-Defamation League, No. 6:24-cv-01465, 2025 WL 2029744 (M.D. Fla. July 21, 2025).
- Taylor v. First Coast Ass'n Mgmt., No. 3:25-cv-00872 (M.D. Fla. Aug. 21, 2025).
- Pharaoh v. Navy Fed. Credit Union, No. 3:25-cv-00838 (M.D. Fla. Aug. 25, 2025).
- Harris v. Pinellas Cnty., No. 8:24-cv-02459 (M.D. Fla. Aug. 26, 2025).
- Clarke v. Amazon.Com Servs. LLC, No. 3:25-cv-00899 (M.D. Fla. Sept. 5, 2025).
- Taylor v. Cochran, No. 5:25-cv-00226 (M.D. Ga. Sept. 22, 2025).
- Widemond v. CoreCivic of Tennessee, LLC, No. 3:25-cv-01033 (M.D. Fla. Sept. 23, 2025).
- Warren v. Devanguardia, No. 6:25-cv-01573, 2025 WL 2770882 (M.D. Fla. Sept. 26, 2025).
- Murphy v. Villages at Noah's Landing, LTD, No. 8:25-cv-00022 (M.D. Fla. Sept. 30, 2025).
- Pharaoh v. TG Utils., Inc., No. 3:25-cv-01145 (M.D. Fla. Oct. 3, 2025).
- Davis v. Charter Schs. USA, Inc., No. 6:25-cv-01269 (M.D. Fla. Oct. 3, 2025).
- Anderson v. United States Dep't of Vet.'s Affairs, No. 6:25-cv-00196 (M.D. Fla. Oct. 8, 2025).
- Raymond Smith v. Titan Florida LLC, No. 3:25-cv-01269 (M.D. Fla. Oct. 28, 2025).
- Roberts, No. 5:25-cv-00476 (M.D. Ga. Nov. 19, 2025).
- Ryals, No. 5:25-cv-00586 (M.D. Fla. Jan. 7, 2026).
- Bourjolly, No. 6:25-cv-00015 (M.D. Fla. Jan. 12, 2026).
- Mercy Hosp. Liquidation Trust Oversight Comm. as designee of the Mercy Hosp. Liquidation Trust v. Mercy Health Network, Inc., No. 25-09117 (Bankr. N.D. Iowa Feb. 10, 2026).
- Mayhew, No. 6:25-cv-00320 (M.D. Fla. Jan. 23, 2026).
- Kenneth Tyrone Lynch, Jr. v. Anheuser-Busch Companies, LLC, No. 3:25-cv-01604 (M.D. Fla. Feb. 6, 2026).
- Miles, No. 3:25-cv-00158 (M.D. Fla. Feb. 10, 2026).
- Hall, No. 1:26-cv-00052 (M.D. Ga. June 2, 2026).
- Flagler, No. 6:25-cv-02328 (M.D. Fla. June 3, 2026).
- Kirsten Childress v. Nicholas Blake Moore, No. 6:25-cv-00868 (M.D. Fla. June 5, 2026).
- Tarverdi, No. 3:26-cv-01534 (M.D. Fla. June 17, 2026).
- Rodriguez, No. 8:26-cv-01368 (M.D. Fla. June 24, 2026).
- Isaac Washington v. PNC Bank, No. 8:25-cv-02898 (M.D. Fla. June 29, 2026).
- Farrokh, No. 3:26-cv-00926 (M.D. Fla. June 30, 2026).
- Shumpert, No. 3:26-cv-01545 (M.D. Fla. June 30, 2026).
- Schatzel, No. 3:26-cv-00236 (M.D. Fla. July 2, 2026).
- Henry, No. 3:26-cv-01239 (M.D. Fla. July 2, 2026).
- Laura Ferrera v. Brian Juarez & Knight Transp., Inc., No. 3:26-cv-01539 (M.D. Fla. July 6, 2026).
- Cumberbatch, No. 8:25-cv-01703 (M.D. Fla. July 10, 2026).
- Nwala, No. 8:25-cv-02813 (M.D. Fla. July 10, 2026).
- Zagury, No. 1:26-cv-20454 (S.D. Fla. Aug. 11, 2026).
- Rivera, No. 3:26-cv-01804 (M.D. Fla. July 21, 2026).
- Russian, No. 8:26-cv-01960 (M.D. Fla. July 21, 2026).
- Sanders, No. 8:26-cv-01273 (M.D. Fla. July 31, 2026).
- Crawford, No. 8:26-cv-00120 (M.D. Fla. Aug. 20, 2026).
- Davis, No. 3:26-cv-02228 (M.D. Fla. Sept. 3, 2026).
- Mark Murphy v. Villages at Noah’s Landing Ltd., No. 8:25-cv-00022 (M.D. Fla. Sept. 5, 2026).
- Reeves Young, LLC v. DSI Spaceframes, Inc., No. 8:26-cv-01268 (M.D. Fla. Sept. 25, 2026).
At page 367 Impact of shotgun pleading on court efficiency55 citing cases“experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants suffer, and society loses confidence in the court's ability to administer justice.”
- Gibson v. City of Portland, 165 F.4th 1265 (9th Cir. 2026).published See 77 F.3d at 368 (“The consequence of our being unable to determine whether the district court should have granted appellants immunity is that we affirm the district court’s denial of immunity.”).
- Tablemation Studios, LLC v. Celebrity Cruises, Inc., No. 1:24-cv-25064 (S.D. Fla. Nov. 5, 2025).Anderson v. District Board of Trustees of Central Florida Community College, 77 F.3d 364, 366-67 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, t…
- Steve Weil v. Carol-Lisa Phillips, 816 F. App'x 339 (11th Cir. 2020).unpublished(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Casper v. Comcast Corp., No. 1:17-cv-00826 (M.D.N.C. Mar. 26, 2020).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Obiagwu, No. 1:26-cv-21087 (S.D. Fla. Sept. 4, 2026).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Taylor, No. 1:26-cv-22361 (S.D. Fla. Aug. 5, 2026). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Neo-Davis, No. 0:25-cv-61730 (S.D. Fla. June 12, 2026).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Kendall Palmer v. New Rez doing Bus. as Shellpoint Mortg. Servicing, No. 1:25-cv-00999 (N.D. Ga. Mar. 31, 2026).“with the shotgun pleading out of the way, the trial judge will be relieved of the cumbersome task of sifting through myriad claims, many of which may be foreclosed by various defenses.”
- Neo-Davis, No. 0:25-cv-61730 (S.D. Fla. Mar. 17, 2026).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Richard, No. 2:26-cv-00055 (M.D. Ala. Mar. 3, 2026). Fla. Cmty. Coll., 77 F.3d 364 , 367 n.5 (11th Cir. 1996) (“On examining [the] pleadings, the court, acting sua sponte, should have struck the plaintiff’s [shotgun] complaint, and the defendants’ answer, and instructed plaintiff’s counsel t…
Show 45 more citing cases
- Gabriel, No. 1:25-cv-24627 (S.D. Fla. Oct. 8, 2025). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Murphy v. Miami-Dade Cnty. Gov't Auth., No. 1:25-cv-21561 (S.D. Fla. July 15, 2025). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Strege v. Launching Nuclear Missiles at Miami, No. 1:25-cv-22011 (S.D. Fla. July 8, 2025). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Spence v. Georgia Diagnostic & Classification Prison, No. 5:25-cv-00050 (M.D. Ga. Apr. 23, 2025).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Mcconnell v. Adams, No. 5:24-cv-00461 (M.D. Ga. Apr. 9, 2025).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Carter v. United States, No. 3:25-cv-00010 (M.D. Ga. Feb. 5, 2025).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Boe v. Garcia, No. 4:24-cv-10057 (S.D. Fla. Aug. 15, 2024). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Pacheco v. Johnson & Johnson, No. 3:24-cv-00002 (M.D. Ga. Apr. 16, 2024).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Russell v. Deutsche Bank Nat'l Trust Co., No. 5:23-cv-01149 (N.D. Ala. Apr. 1, 2024). (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Causey v. Davis, No. 5:17-cv-00173 (M.D. Ga. Jan. 31, 2024).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Al Mheid v. Minchews, No. 3:23-cv-00105 (M.D. Ga. Dec. 7, 2023).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Bryant v. Norfolk S. R.R., No. 5:20-cv-00225, 2020 WL 5521044 (M.D. Ga. Sept. 14, 2020).(Experience teaches that unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidence…)
- Rodriguez v. Carrot Express Midtown, LLC, No. 1:19-cv-24931 (S.D. Fla. Dec. 30, 2019).(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Amin v. Mercedes-Benz USA, LLC, 349 F. Supp. 3d 1338 (N.D. Ga. 2018).published (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Karun N. Jackson v. Specialized Loan Servicing LLC, 898 F.3d 1348 (11th Cir. 2018).published(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Richard E. Warner v. City of Marathon, No. 16-10086 (11th Cir. Dec. 8, 2017).unpublished(Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Christopher J. Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015).published (Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidenc…)
- Strategic Income Fund v. Spear, Leeds & Kellogg, No. 00-13002 (11th Cir. Sept. 23, 2002).published Comm. Coll., 77 F.3d 364 , 366 (11th Cir. 1996) (“[Plaintiff’s] complaint is a perfect example of ‘shotgun’ pleading in that it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.”)…
- Kelly v. Elite Roofing, LLC(MAG+), No. 2:24-cv-00388, 2024 WL 4993858 (M.D. Ala. Dec. 5, 2024). Ala. July 2, 2024) (quoting Anderson, 77 F.3d at 366); see also Weiland, 792 F.3d at 1323 (explaining that “the unifying characteristic” of shotgun complaints “is that they fail to one degree or another, and in one way or another, to give…
- Kennedy v. Austin, No. 4:21-cv-00333 (S.D. Ga. June 9, 2023).Id. at 366.
- Thomas v. Muscogee Cnty. Sheriff's Off., No. 4:22-cv-00167 (M.D. Ga. Mar. 20, 2023).“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidence…”
- T-12 Ent., LLC v. Young Kings Enter., Inc., 36 F. Supp. 3d 1380 (N.D. Ga. 2014).published
- Terry v. Robinett (MAG+), No. 2:20-cv-01058 (M.D. Ala. Aug. 23, 2021).
- Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955 (11th Cir. 2008).published
- Ronald A. Nurse v. Sheraton Atlanta Hotel, 618 F. App'x 987 (11th Cir. 2015).unpublished
- Conyers v. Jefferson, No. 5:21-cv-00317 (M.D. Ga. Mar. 15, 2022).
- Jay v. Auburn Univ., No. 2:17-cv-00369 (S.D. Ala. May 23, 2018).
- Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., First Options of Chicago, Inc., 305 F.3d 1293 (1st Cir. 2002).published
- Tommy J. Embree v. Wyndham Worldwide Corp., No. 18-13924 (11th Cir. July 16, 2019).unpublished
- Ebrahimi v. City of Huntsville Bd. of Educ., 114 F.3d 162 (11th Cir. 1997).published
- Sergio Bautista Miguel Rodriguez Jose Soto Manuel Fernandez Alice Farnham Alfredo Figueroa Jose Luis Alejo Mario Mejia Guadalupe Cedillo Hector Reyes Marcos Martinez Roberto Gutierrez Leopoldo Cervantes David Salas Marcos Ortega Jorge Flores Juan Magana Martin Jimenez Jose Cuevas Miguel De La Torre Jorge Del Valle Librado Cruz Vicente Cedillo Manuel Alvarez Geronimo Limon Roberto Rodriguez Rafael Abarca Salvador Rodarte John Escobar Raul Sandoval Rosendo Orozco Israel Pacheco Manuel Rosales Jorge Alberto Rosales Mauro Munguia Carlos Jimenez Joaquin Villeges Bernard Russell Ramon Hernandez Arnulfo Leon v. Los Angeles Cnty. Music Ctr. Operating Co. R.A. Music, Inc. Fam. Restaurants, Sergio Bautista Miguel Rodriguez Jose Soto Manuel Fernandez Alice Farnham Alfredo Figueroa Jose Luis Alejo Mario Mejia Guadalupe Cedillo Hector Reyes Marcos Martinez Roberto Gutierrez Leopoldo Cervantes David Salas Marcos Ortega Jorge Flores Juan Magana Martin Jimenez Jose Cuevas Miguel De La Torre Jorge Del Valle Librado Cruz Vicente Cedillo Manuel Alvarez Geronimo Limon Roberto Rodriguez Rafael Abarca Salvador Rodarte John Escobar Raul Sandoval Rosendo Orozco Israel Pacheco Manuel Rosales Jorge Alberto Rosales Mauro Munguia Carlos Jimenez Joaquin Villeges Bernard Russell Ramon Hernandez Arnulfo Leon, Plaintiffs-Appellants-Cross-Appellees v. Los Angeles Cnty. Music Ctr. Operating Co. R.A. Music, Inc., Defendants-Appellees-Cross-Appellants, & Fam. Restaurants, 216 F.3d 837 (9th Cir. 2000).published
- Carmichael v. Samyang Tires, Inc., 923 F. Supp. 1514 (S.D. Ala. 1996).published
- Jovine v. Abbott Labs., Inc., 795 F. Supp. 2d 1331 (S.D. Fla. 2011).published
- Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 905 F. Supp. 2d 189 (D.D.C. 2012).published
- Bautista v. Los Angeles Cnty., 216 F.3d 837 (9th Cir. 2000).published
- Youngblood v. Bradford (CONSENT), No. 2:22-cv-00386 (M.D. Ala. Mar. 15, 2024).
- Sullivan v. Prattville Health & Rehab., LLC (MAG+), No. 3:22-cv-00702, 2024 WL 2755683 (M.D. Ala. May 29, 2024).
- Montgomery v. Bd. of Trutees of Alabama Agric. & Mech. Univeristy, No. 5:17-cv-01934 (N.D. Ala. June 25, 2019).
- United States v. Weatherly, No. 3:19-cv-00802 (M.D. Fla. May 19, 2020).
- Darby II v. United Auto. Ins. Co., No. 1:20-cv-22777 (S.D. Fla. July 14, 2020).
- Amaya v. Vilsack, No. 1:23-cv-22838, 2024 WL 1285162 (S.D. Fla. Mar. 26, 2024).
- Kelly v. Montgomery Water Works & Sanitary Sewer Bd. (MAG+), No. 2:24-cv-00348 (M.D. Ala. Jan. 2, 2025).
- Kelly v. Montgomery Water Works & Sanitary Sewer Bd. (MAG+), No. 2:24-cv-00348, 2025 WL 1271298 (M.D. Ala. May 1, 2025).
- Core Distrib. v. World Trade Corp., No. 1:24-cv-24110 (S.D. Fla. May 7, 2026).
- David Moyers v. Sheriff Ezel Brown, No. 1:25-cv-04604 (N.D. Ga. Sept. 28, 2026).
At page 368 Affirming denial of immunity and claims under federal statutes6 citing cases“on examining those pleadings, the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
- Gibson v. City of Portland, 165 F.4th 1265 (9th Cir. 2026).published (The consequence of our being unable to determine whether the district court should have granted appellants immunity is that we affirm the district court’s denial of immunity.)
- Richard, No. 2:26-cv-00055 (M.D. Ala. Mar. 3, 2026). “on examining the pleadings, the court, acting sua sponte, should have struck the plaintiff's shotgun complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
- Guillaume v. United States, No. 1:23-cv-23287 (S.D. Fla. Mar. 4, 2024).“on examining those pleadings, the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
- Edmunds v. Asurion, LLC, No. 0:22-cv-60361 (S.D. Fla. Feb. 13, 2024).“on examining those pleadings, the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
- Caseneuve v. City of Dania Beach, No. 0:22-cv-62118 (S.D. Fla. Aug. 4, 2023).“on examining those pleadings, the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
- Jamie Kirkpatrick v. Cnty. of Washoe, 792 F.3d 1184 (9th Cir. 2015).published“the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.”
On examining [the] pleadings, the court, acting sua sponte, should have struck the plaintiff’s [shotgun] complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.
- Richard, No. 2:26-cv-00055 (M.D. Ala. Mar. 3, 2026). (On examining [the] pleadings, the court, acting sua sponte, should have struck the plaintiff’s [shotgun] complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.)
- Guillaume v. United States, No. 1:23-cv-23287 (S.D. Fla. Mar. 4, 2024).(On examining those pleadings, the court, acting sua sponte, should have struck the plaintiff’s complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.)
- Edmunds v. Asurion, LLC, No. 0:22-cv-60361 (S.D. Fla. Feb. 13, 2024).(On examining those pleadings, the court, acting sua sponte, should have struck the plaintiff’s complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.)
- Caseneuve v. City of Dania Beach, No. 0:22-cv-62118 (S.D. Fla. Aug. 4, 2023).(On examining those pleadings, the court, acting sua sponte, should have struck the plaintiff’s complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.)
- Jamie Kirkpatrick v. Cnty. of Washoe, 792 F.3d 1184 (9th Cir. 2015).published([T]he court, acting sua sponte, should have struck the plaintiff’s complaint, and the defendants’ answer, and instructed plaintiff’s counsel to file a more definite statement.)
v.
DISTRICT BOARD OF TRUSTEES OF CENTRAL FLORIDA COMMUNITY COLLEGE Sandra C. McKoy James E. Kirk, Jr. Stephen G. Latiff Benjamin L. Mathis Robert P. Sandlin Van E. Staton Patricia B. Vitter William J. Campion Betty J. Towry Franklin W. Latham
I.
In this civil rights action, James R. Anderson alleges that his employer, Central Florida Community College (“College”), terminated his employment as a tenured member of the faculty for engaging in protected speech. Anderson, who is black, also alleges that he was terminated because of his association with the local branch of the NAACP, because of his race, and without due process of law. Anderson seeks an injunction reinstating him to his position, with full benefits, and consequential damages. Alternatively, he seeks front pay and such other relief as may be appropriate. In either case, Anderson asks for an award of punitive damages and attorney’s fees.
The defendants are the College’s District Board of Trustees, members of the Board, the College’s president, its dean of program planning and occupational education, and its director of vocational education. Anderson sues these individual defendants both in their official and individual capacities.
A.
Anderson’s complaint contains six counts.[1] The first twenty-four paragraphs of the complaint contain allegations of fact that are[*366] adopted in full by all six counts. Count one begins with paragraph 25 of the complaint; count two with paragraph 34; count three with paragraph 43; count four with paragraph 51; count five with paragraph 59; and count six with paragraph 61. Each count contains factual allegations in addition to those set out in the first twenty-four paragraphs; each count also adopts the allegations of all preceding counts. Consequently, allegations of fact that may be material to a determination of count one, but not count four, are nonetheless made a part of count four.
After incorporating immaterial allegations of fact from paragraphs 1 through 24 and the preceding counts, each count alleges, in its “wherefore” clause, that the defendant or defendants charged in the count
violated the due process and equal protection clauses of the Fifth and Fourteenth Amendments to the United States Constitution; 42 U.S.C. Section 1983; Article I, Sections 2 and 9 of the Constitution of the State of Florida, and Rule 6Hx3: 8-28 of the Rules of [Central Florida Community College].
By incorporating paragraph 3 of the complaint, each count also charges that the defendant or defendants violated the First, Fourth, and Thirteenth Amendments to the Constitution of the United States, Chapters 120 and 240 of the Florida Statutes, Chapter 28 of the Florida Administrative Code, and the Florida law of contracts.[2]
B.
Anderson’s complaint is a perfect example of “shotgun” pleading, see Pelletier v. Zweifel, 921 F.2d 1465, 1518 (11th Cir.), cert. denied, 502 U.S. 855, 112 S.Ct. 167, 116 L.Ed.2d 131 (1991), in that it is virtually impossible to know which allegations of fact are intended to support which elaim(s) for relief. Under the Federal Rules of Civil Procedure, a defendant faced with a complaint such as Anderson’s is not expected to frame a responsive pleading. Rather, the defendant is expected to move the court, pursuant to Rule 12(e), to require the plaintiff to file a more definite statement.[3] Where, as here, the plaintiff asserts multiple claims for relief, a more definite statement, if properly drawn, will present each claim for relief in a separate count, as required by Rule 10(b),[4] and with such clarity and precision that the defendant will be able to discern what the plaintiff is claiming and to frame a responsive pleading. Moreover, with the shotgun pleading out of the way, the[*367] trial judge will be relieved of “the cumbersome task of sifting through myriad claims, many of which [may be] foreclosed by [various] defenses.” Fullman v. Graddick, 739 F.2d 553, 557 (11th Cir.1984). Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidence in the court’s ability to administer justice.
Although the district court would no doubt have granted their motion, the defendants did not move the court to order the plaintiff to file a more definite statement.[5] When, during oral argument, we asked the defendants’ attorney why he did not seek a more definite statement, he responded that he chose not to do so as a matter of strategy. Counsel’s strategy was to fight fire with fire — to respond to the plaintiff in kind.
C.
The answer[6] filed by the defendants asserted fourteen affirmative defenses, each one sentence in length.[7] None of these affirmative defenses mentions any of the numbered counts of the plaintiffs complaint; none of the defenses refers to, or even acknowledges, any of the constitutional, statutory, or regulatory provisions cited in the complaint. In short, these affirmative defenses are as incomprehensible as the complaint.
The defendants’ third affirmative defense asserts that: “Defendants in both their individual and official capacity enjoy absolute and/or qualified immunity.” Following several rounds of discovery, the individual defendants moved the district court for summary judgment on this defense. The court denied their motion. The defendants thereafter moved the court to reconsider its ruling on the issue of qualified immunity. The court denied the motion, and from that ruling the individual defendants took this appeal. We have jurisdiction to entertain the appeal under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546-47, 69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1949). See Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-17, 86 L.Ed.2d 411 (1985).
II.
Appellants contend that there is no material issue of fact and that they are entitled to qualified immunity, if not absolute legislative immunity, on Anderson’s federal constitutional claims — specifically, his claims under the First Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Anderson, in rebuttal, contends that the material facts are in dispute and that the district court properly denied appellants summary judgment.
Due to the state of the pleadings in this case, in order to decide whether the district court ruled correctly, we must, in effect, amend Anderson’s complaint to conform to the evidence the parties have amassed. The rules of procedure authorize a court to amend a pleading to conform to the evidence; such amendment ordinarily occurs, however, after the parties have tried the issue “by express or implied consent.” See Fed. R.Civ.P. 15(b). Wdiether a court of appeals possesses the same authority we need not decide; after having read this record, we are satisfied that it would be a foolish undertaking to amend Anderson’s complaint at this level. Determining precisely what the plaintiff is contending is a matter best left to the district court — either by requiring Anderson to replead his case or by requiring all parties[*368] to state on the record the theories under which they are proceeding and the facts that support their theories.
The consequence of our being unable to determine whether the district court should have granted appellants immunity is that we affirm the district court’s denial of immunity. We do so, of course, without prejudice to appellants’ right to resubmit the issue to the district court once the parties appropriately join issue on their claims and defenses.
AFFIRMED.
Count seven of the complaint does not purport to state a claim for relief; rather, it simply asks for an award of attorney's fees under 42 U.S.C. § 1988 if Anderson prevails on any of the federal constitutional claims brought under 42 U.S.C. § 1983.
In addition to seeking relief under these provisions and those listed in the "wherefore” clauses in each count, Anderson apparently believes that his case presents still other claims for relief. At one point during the litigation, the court directed counsel for the parties to confer about the case and to file a pretrial stipulation. Counsel conferred; thereafter, Anderson's attorney undertook the task of preparing the stipulation. He did so and, without obtaining defense counsel’s signature, filed it with the court. Defense counsel objected to the document, contending, in essence, that it did not embody the parties’ agreements, and filed a "Motion for Sanctions Due to Plaintiff's Bad-Faith Filing of an Unexecuted Pretrial Stipulation." We cannot tell from the record whether the court ruled on the motion; we do know that the court removed the case from its trial calendar shortly thereafter.
In this unexecuted stipulation, Anderson stated that his case included a claim that his employment had been terminated on account of his age, as well as his race, and in violation of 42 U.S.C. §§ 1981 and 1985; and thus the defendants, in effecting the discharge, slandered him and thus deprived him of a constitutionally protected liberty interest.
Rule 12(c) states:
If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
Rule 10(b) requires that
[a]U averments' of claim ... shall bo made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances.... Bach claim founded upon a separate transaction or occurrence ... shall be stated in a separate count ... whenever a separation facilitates the clear presentation of the matters set forth.
Fed.R.Civ.P. 10(b).
At its first conference with counsel in this case, a preliminary pretrial conference, the district court had before it the plaintiff's complaint and the defendants' original answer (which, with the exception of one affirmative defense, was the same as the amended answer the defendants subsequently filed). On examining those pleadings, the court, acting sua sponte, should have struck the plaintiff's complaint, and the defendants' answer, and instructed plaintiff's counsel to file a more definite statement.
We refer to the defendants' amended answer as their answer.
These affirmative defenses were preceded by fourteen numbered paragraphs that admitted or denied the various factual allegations of the complaint.