Tatum v. State Of Iowa, 822 F.2d 808 (8th Cir. 1987). · Go Syfert
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Tatum v. State Of Iowa, 822 F.2d 808 (8th Cir. 1987). Cases Citing This Book View Copy Cite
“while all pleadings are to be construed to do substantial justice...the pleading must at a minimum be sufficient to give the defendant notice of the claim”
35 citation events (15 in the last 25 years) across 7 distinct courts.
Strongest positive: McCoy v. The State of Missouri (moed, 2023-08-29)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Statutes interpreted (leading-cases list)
#15 42 U.S.C. § 1981-82 cited 1× in this case · 29 total citations of statute
Top citers, strongest first. 27 distinct citers.
discussed Cited as authority (verbatim quote) McCoy v. The State of Missouri
E.D. Mo. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
while all pleadings are to be construed to do substantial justice...the pleading must at a minimum be sufficient to give the defendant notice of the claim
discussed Cited as authority (verbatim quote) Blair v. Hughes
E.D. Mo. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
while all pleadings are to be construed to do substantial justice...the pleading must at a minimum be sufficient to give the defendant notice of the claim
discussed Cited as authority (rule) Dunahue v. Payne
E.D. Ark. · 2023 · signal: cf. · confidence medium
Cf. Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam) (“While all pleadings are to be construed to do substantial justice ... the pleading must at a minimum be sufficient to give the defendant notice of the claim.”).
discussed Cited as authority (rule) Thurman v. Rug Doctor
E.D. Mo. · 2023 · confidence medium
“While all pleadings are to be construed to do substantial justice . . . the pleading must at a minimum be sufficient to give the defendant notice of the claim.” Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987).
discussed Cited as authority (rule) Denaro v. Simmons
W.D. Ark. · 2022 · confidence medium
Although pro se complaints are to be liberally construed, “the pleading must at a minimum be sufficient to give the defendant notice of the claim.” Tatum v. State of Iowa, 822 F.2d 808, 810 (8th Cir. 1987); see also Fed.
discussed Cited as authority (rule) Spagna v. Tift
D. Neb. · 2020 · confidence medium
A “pleading must at a minimum be sufficient to give the defendant notice of the claim.” Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam) (citing Conley v. 3 The Complaint alleges that, in 2016, the administration found Phi Psi violated the Creighton Student Discipline Policy, Greek Event Guidelines, and State law.
discussed Cited as authority (rule) Metropolitan Omaha Property Owners Association, Inc. v. The City of Omaha
D. Neb. · 2019 · confidence medium
A complaint must also, “at a minimum be sufficient to give the defendant notice of the claim.” Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam) (affirming district court’s dismissal of a complaint for plaintiff’s failure to relate with specificity how each of the defendants were involved in his claim (citing Conley v. Gibson, 355 U.S. 41, 48 (1957))).
discussed Cited as authority (rule) Felix Taylor v. John Selig
8th Cir. · 2011 · confidence medium
See Will v. Mich. Dep’t of State Police, 491 U.S. 58 , 71 & n. 10, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) (because Eleventh Amendment immunizes states from suit, state officials acting in their official capacities are not “persons” under § 1983 when sued for damages); Nix v. Norman, 879 F.2d 429, 433 (8th Cir.1989) (to establish official-capacity liability under § 1983, plaintiff must show either that official took action pursuant to unconstitutional policy or custom or that official possessed final authority over subject matter at issue and used authority in unconstitutional manner); …
discussed Cited as authority (rule) State of MO v. Prudential Health
8th Cir. · 2001 · confidence medium
We have consistently held that a district court’s dismissal without prejudice is one such “final decision.” See, e.g., Kolocotronis v. Holcomb, 925 F.2d 278, 280 (8th Cir. 1991); Tatum v. State of Iowa, 822 F.2d 808, 809 (8th Cir. 1987) (per curiam).
discussed Cited as authority (rule) State of Missouri, Ex Rel. Jeremiah W. (\Jay\") Nixon (2×)
unknown court · 2001 · confidence medium
We have consistently held that a district court’s dismissal without prejudice is one such “final decision.” See, e.g., Kolocotronis v. Holcomb, 925 F.2d 278, 280 (8th Cir.1991); Tatum v. State of Iowa, 822 F.2d 808, 809 (8th Cir.1987) (per curiam).
discussed Cited as authority (rule) ca8 1999
8th Cir. · 1999 · signal: cf. · confidence medium
Cf. Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam) ("While all pleadings are to be construed to do substantial justice . . . the pleading must at a minimum be sufficient to give the defendant notice of the claim."). 5 Upon de novo review of the original complaint, see McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997) ( dismissal under 1915A for failure to state claim is reviewed de novo), we believe Cooper stated claims for relief against several defendants, see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam) (pro se litigant&s allegations are construed liberall…
discussed Cited as authority (rule) Percy J. Cooper v. Dora B. Schriro
8th Cir. · 1999 · signal: cf. · confidence medium
Cf. Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam) (“While all pleadings are to be construed to do substantial justice ... the pleading must at a minimum be sufficient to give the defendant notice of the claim.”).
discussed Cited as authority (rule) Slangal v. Getzin
D. Neb. · 1993 · confidence medium
See, e.g., Wabasha v. Smith, 956 F.2d 745 (8th Cir.1992) (per curiam); Smith v. Boyd, 945 F.2d 1041 (8th Cir.1991); Midfelt v. Circuit Court of Jackson County, Mo., 827 F.2d 343, 345 (8th Cir.1987) (per curiam); Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam); KJO Ranch, Inc. v. Norwest Bank of Black Hills, 748 F.2d 1246, 1248, n. 3 (8th Cir.1984).
discussed Cited as authority (rule) Johnson v. Nebraska, Department of Correctional Services
D. Neb. · 1992 · confidence medium
See, e.g., Wabasha v. Smith, 956 F.2d 745 (8th Cir.1992) (per curiam); Smith v. Boyd, 945 F.2d 1041 (8th Cir.1991); Mild-felt v. Circuit Court of Jackson County, Mo., 827 F.2d 343, 345 (8th Cir.1987) (per curiam); Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam); K/O Ranch, Inc. v. Norwest Bank of Black Hills, 748 F.2d 1246, 1248, n. 3 (8th Cir.1984).
discussed Cited as authority (rule) Tyler v. City of Omaha
D. Neb. · 1991 · confidence medium
See Midfelt v. Circuit Court of Jackson County, Mo., 827 F.2d 343, 345 (8th Cir.1987) (per curiam); Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam) (affirming sua sponte dismissal by the district court of a complaint filed pro se after plaintiff failed to correct deficiencies which the district court gave plaintiff leave to respond to through an amended complaint); K/O Ranch, Inc. v. Norwest Bank of Black Hills, 748 F.2d 1246, 1248, n. 3 (8th Cir.1984).
discussed Cited as authority (rule) Panuska v. Johnson (In Re Johnson)
Bankr. D. Minn. · 1991 · confidence medium
Examples of such extrinsic evidence include: a. the close temporal proximity of the transfer to the entry of judgment against the debtor in favor of an unsecured creditor, or, presumably, to any other exercise of collection remedies against the debtor, Tveten, 848 F.2d at 875 (citing Ford v. Poston, 773 F.2d 52, 55 (4th Cir.1985)); b. the making of the transfer after the debtor obtained a temporary respite from the collection pressure of creditors, id. (citing In re Reed, 700 F.2d 986 , 991 (5th Cir.1983)); c. “conduct intentionally designed to materially mislead or deceive creditors about t…
discussed Cited as authority (rule) Wilder Health Care Center v. Elholm (In Re Elholm)
Bankr. D. Minn. · 1987 · signal: cf. · confidence medium
Cfi McCormick, 822 F.2d at 808 (involving deliberate and knowing misrepresentation by debtor about his current ability to pay creditor’s claim, when debtor was at the same time diverting available non-exempt assets to purchase an exempt homestead in another city).
cited Cited as authority (rule) Mildfelt v. Circuit Court of Jackson County, Missouri
8th Cir. · 1987 · confidence medium
E.g., Tatum v. Iowa, 822 F.2d 808, 809-10 (8th Cir.1987) (per curiam); Martin-Trigona v. Stewart, 691 F.2d 856, 858 (8th Cir.1982) (per curiam) (Martin-Trigona ).
cited Cited as authority (rule) Mildfelt v. Circuit Court
8th Cir. · 1987 · confidence medium
E.g., Tatum v. Iowa, 822 F.2d 808, 809-10 (8th Cir.1987) (per curiam); Martin-Trigona v. Stewart, 691 F.2d 856, 858 (8th Cir.1982) (per curiam) (Martin-Trigona).
discussed Cited "see" Hugh Chalmers Motors, Inc. v. Toyota Motor Sales U.S. A., Inc. Gulf States Toyota, Inc.
8th Cir. · 1999 · signal: see · confidence high
See Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam) (stating that "[w]hile all pleadings are to be construed to do substantial justice, see Fed.R.Civ.P. 8(0, pleading must at a minimum be sufficient to give the defendant notice of the claim”) (citing Conley v. Gibson, 355 U.S. 41, 48 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)).
cited Cited "see" Hugh Chalmers Motors v. Toyota Motor Sales
8th Cir. · 1999 · signal: see · confidence high
See Tatum v. Iowa, 822 F.2d 808 , 810 (8th Cir. 1989) (per curiam) (stating that “[w]hile all pleadings are to be construed to do substantial justice, see Fed.
discussed Cited "see" Zane Brent Edgington v. Missouri Department of Corrections Mel Carnahan Robert Schoenen Donna Schriro Cranston Mitchell Julie Ives (2×)
8th Cir. · 1995 · signal: see · confidence high
See Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987).
cited Cited "see" Melvin Leroy Tyler Mary Lea Tyler v. St. Louis County Officer John O'Mara James F. Conway David A. Robbins Besby Moore, Jr. Vincent Schoemehl
8th Cir. · 1993 · signal: see · confidence high
See Tatum v. Iowa, 822 F.2d 808, 809 (8th Cir. 1987) (per curiam).
cited Cited "see, e.g." Bankhead v. Arkansas Department of Human Services
E.D. Ark. · 2003 · signal: see also · confidence low
See also Tatum v. Iowa, 822 F.2d 808 (8th Cir.1987). 29 .
cited Cited "see, e.g." Jerry X. Ellis v. Larry Norris
8th Cir. · 1999 · signal: see also · confidence medium
See Martin v. Sargent, 780 F.2d 1334, 1337-38 (8th Cir. 1985); see also Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam).
cited Cited "see, e.g." Ellis v. Norris
8th Cir. · 1999 · signal: see also · confidence medium
See Martin v. Sargent, 780 F.2d 1334, 1337-38 (8th Cir.1985); see also Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir.1987) (per curiam).
cited Cited "see, e.g." Jerry X. Ellis v. Larry Norris
8th Cir. · 1998 · signal: see also · confidence medium
See Martin v. Sargent, 780 F.2d 1334, 1337-38 (8th Cir. 1985); see also Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam).
Elmo C. Tatum
v.
State of Iowa Governor of State of Iowa Linn County Supervisors of Linn County City of Cedar Rapids City Council of Cedar Rapids Joe Goedken and Mrs. Joe Goedken
87-1293.
Court of Appeals for the Eighth Circuit.
Jul 6, 1987.
822 F.2d 808
Cited by 5 opinions  |  Published

822 F.2d 808

Elmo C. TATUM, Appellant,
v.
STATE OF IOWA; Governor of State of Iowa; Linn County;
Supervisors of Linn County; City of Cedar Rapids;
City Council of Cedar Rapids; Joe
Goedken and Mrs. Joe Goedken, Appellees.

No. 87-1293.

United States Court of Appeals,
Eighth Circuit.

Submitted May 1, 1987.
Decided July 6, 1987.

Elmo C. Tatum, pro se.

Thomas J. Miller, Atty. Gen., Des Moines, Iowa, for appellees.

Before ROSS,[*] ARNOLD, and MAGILL, Circuit Judges.

PER CURIAM.

[*~808]1

Elmo C. Tatum appeals pro se and in forma pauperis from the district court's[1] dismissal without prejudice of his civil rights action. We affirm.

I. BACKGROUND

2

Tatum filed this civil rights action under 42 U.S.C. Secs. 1981-82 (1982). After the district court's order that the case would be dismissed unless the original complaint was amended, Tatum filed an amended complaint. He alleged that the defendants had violated his civil rights by not giving him the same care as given white senior citizens, even though legislation provided funds for the equal welfare of both black and white senior citizens. The only factual basis given for this allegation is the following quote:

3

Plaintiff states that providers respondents in the unit where he resides provide a face bowel [sic] in the toilets where white senior citizens live, but force him to use the kitchen use for both face and sink. Plaintiff states that is not sanitary presents a health hazard to his well being.

4

The district court found this amended complaint to be insufficient for two reasons: the basis for the claim was not clear, and Tatum did not relate with specificity how each of the defendants were involved in his claim. Consequently, the district court ordered the case dismissed unless Tatum, within two weeks, further amended his complaint to cure these defects.

5

Tatum did not file a further amended complaint; rather, he filed a notice of appeal. This court dismissed the appeal without prejudice for want of jurisdiction, reasoning that no final judgment in compliance with Fed.R.Civ.P. 58 had yet been entered. Tatum v. Iowa, No. 86-2461, slip op. at 2 (8th Cir. Dec. 8, 1986) (decision published without opinion at Tatum v. Iowa, 808 F.2d 841 (8th Cir.1986)).

[*~809]6

Thereafter, on February 18, 1987, the district court ordered that Tatum have an additional ten days to amend the complaint or suffer a dismissal of the case. After the ten days lapsed during which Tatum had not attempted to cure the pleading defects, the district court entered a judgment on March 2, 1987, dismissing the action without prejudice.

7

Also on March 2, 1987, the district court filed Tatum's present notice of appeal. The district court docket sheet shows this notice was docketed after the judgment. Tatum had dated this notice February 20, 1987, and identified the district court's order of February 18, 1987, as the order he was appealing.

II. DISCUSSION

8

We have appellate jurisdiction pursuant to 28 U.S.C. Sec. 1291 (1982). The dismissal of an action without prejudice is a final appealable order, Davis Forestry Corp. v. Smith, 707 F.2d 1325, 1326 & n. 1, reh'g denied, 714 F.2d 159 (11th Cir.1983), and Tatum's notice of appeal was docketed after the judgment of dismissal was entered. Because it appears that Tatum intended to stand on his once amended complaint, we understand the grounds for the appeal to be whether the district court erred by ruling that the complaint was insufficient.

[*~810]9

The district court did not err in entering the dismissal without prejudice. While all pleadings are to be construed to do substantial justice, Fed.R.Civ.P. 8(f), the pleading must at a minimum be sufficient to give the defendant notice of the claim. Conley v. Gibson, 355 U.S. 41, 48, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957). See Fed.R.Civ.P. 8(a), 12(e). Further, a district court may sua sponte dismiss a complaint for failure to state a claim. Martin-Trigona v. Stewart, 691 F.2d 856, 858 (8th Cir.1982) (per curiam). To state a claim sufficient to withstand a motion to dismiss, a plaintiff must state facts which, if proved, would support his claim and entitle him to relief. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972) (per curiam) (quoting Conley, 355 U.S. at 45-46, 78 S.Ct. at 101-02); Horsey v. Asher, 741 F.2d 209, 211 (8th Cir.1984); White v. Walsh, 649 F.2d 560, 561 (8th Cir.1981).

[*~809]10

Presuming that Tatum is a black senior citizen, a liberal reading of Tatum's amended complaint reveals facts which, if proved, would support his claim that he was denied equal treatment on account of his race. This is not Tatum's difficulty. The deficiency stems from Tatum's omission to plead how the defendants are responsible to him for his equal protection claim. Without this, Tatum is not entitled to relief from these defendants. Rhodes v. Houston, 202 F.Supp. 624, 629, 638 (D.Neb.), aff'd, 309 F.2d 959 (8th Cir.1962) (per curiam), cert. denied, 372 U.S. 909, 83 S.Ct. 724, 9 L.Ed.2d 719 (1963).

11

Accordingly, the district court's dismissal without prejudice of the action is affirmed.

*

The Honorable Donald R. Ross was an active judge of the Eighth Circuit on the date this case was submitted, but took senior status on June 13, 1987, before the decision was filed

1

The Honorable David R. Hansen, United States District Judge for the Northern District of Iowa