Court Rejects Requirement of Pleading Specific Facts

Just two weeks after arguably raising the bar for an antitrust complaint to survive a 12(b)(6) motion in Bell Atlantic v. Twombly, the Court held (7-2) in a prisoner civil rights case that the pleading of ?specific ?facts? ?is? not ?necessary? to ?survive ?a motion to dismiss.?? The per curiam opinion both granted the pro se prisoner?s petition for certiorari and reversed the judgment. ?The district court and the Tenth Circuit had held that the prisoner?s allegations of harm resulting from the termination of ?medical ?treatment ?were ??conclusory.????? The Court? held? that? this? ruling? was? contrary? to? the liberal standard for pleadings for pro se plaintiffs. Justice Thomas dissented.? ?Justice Scalia would have denied the petition for certiorari. ?Erickson v. Pardus, 127 S. Ct. 2197 (2007)