Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 5 (1993)

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Cite as: 507 U. S. 163 (1993)

Opinion of the Court

sider whether our qualified immunity jurisprudence would require a heightened pleading in cases involving individual government officials.

Second, respondents contend that the Fifth Circuit's heightened pleading standard is not really that at all. See Brief for Respondents Tarrant County Narcotics Intelligence and Coordination Unit et al. 9-10 ("[T]he Fifth Circuit's so-called 'heightened' pleading requirement is a misnomer"). According to respondents, the degree of factual specificity required of a complaint by the Federal Rules of Civil Procedure varies according to the complexity of the underlying substantive law. To establish municipal liability under § 1983, respondents argue, a plaintiff must do more than plead a single instance of misconduct. This requirement, respondents insist, is consistent with a plaintiff's Rule 11 obligation to make a reasonable prefiling inquiry into the facts.

But examination of the Fifth Circuit's decision in this case makes it quite evident that the "heightened pleading standard" is just what it purports to be: a more demanding rule for pleading a complaint under § 1983 than for pleading other kinds of claims for relief. See 954 F. 2d, at 1057-1058. This rule was adopted by the Fifth Circuit in Elliott v. Perez, 751 F. 2d 1472 (1985), and described in this language:

"In cases against governmental officials involving the likely defense of immunity we require of trial judges that they demand that the plaintiff's complaints state with factual detail and particularity the basis for the claim which necessarily includes why the defendant-official cannot successfully maintain the defense of immunity." Id., at 1473.

In later cases, the Fifth Circuit extended this rule to complaints against municipal corporations asserting liability under § 1983. See, e. g., Palmer v. San Antonio, 810 F. 2d 514 (1987).

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