Justin Spiehs v. Topeka & Shawnee County Public Library, et al.

Summary

The United States District Court for the District of Kansas denied the Topeka & Shawnee County Public Library’s motion to strike portions of Justin Spiehs’s complaint under Federal Rule of Civil Procedure 12(f). The court held that the defendant had not met the demanding burden to show that the referenced video and sworn statement were immaterial, impertinent, redundant, or scandalous, and emphasized that motions to strike are generally disfavored.

Holdings

1. The motion to strike was denied because Defendant did not meet the demanding burden to show that the challenged material was redundant, immaterial, impertinent, or scandalous.
2. The absence of an attached video recording did not justify striking the complaint's allegations referencing it.

Questions Presented

1. Whether the allegations referencing a video recording and the attached sworn statement should be stricken under Federal Rule of Civil Procedure 12(f) as immaterial or impertinent.
2. Whether failure to attach the referenced video recording justified striking the related allegations from the complaint.

Disposition

other