Civil Procedure — dismissal

By: WISCONSIN LAW JOURNAL STAFF//October 9, 2013//

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — dismissal

When a court dismisses a case for failure to state a claim for which relief can be granted, it must be with prejudice.

“The district court seems to have assumed that any complaint that fails to state a claim on which relief may be granted also falls outside federal subject-matter jurisdiction. Long ago, in Bell v. Hood, 327 U.S. 678 (1946), the Supreme Court explained why that is not so. If failure on the merits equated to a lack of jurisdiction, only plaintiffs could get effective judgments. Whenever defendants prevailed, the court would dismiss on jurisdictional grounds and the plaintiff could try again in some other court; defendants would lose the protection of their victories.”

Affirmed as modified.

12-1582 Bovee v. Broom

Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Easterbrook, J.

Select Region or Brand

Upcoming Event