Ashley Brianne Fisk v. Oklahoma Department of Human Services, et al.

Summary

The United States District Court for the Eastern District of Oklahoma adopts in part a magistrate judge’s Report and Recommendation and grants the Oklahoma Department of Human Services’ motion to dismiss. The court dismisses all claims without prejudice because the amended complaint fails to satisfy Federal Rule of Civil Procedure 8, declines to stay the action under Younger abstention, and grants Plaintiff twenty-one days to amend specified claims and clarify the allegations.

Holdings

1. The amended complaint failed to satisfy Rule 8 because it asserted allegations against the collective group of Defendants without adequately delineating who allegedly did what to whom.
2. A stay was unwarranted because all claims were being dismissed for failure to comply with Rule 8; the court therefore declined to stay the federal damages claims.
3. Plaintiff was granted a limited opportunity to amend within twenty-one days to add factual allegations supporting Counts Two and Five and to comply with Rule 8 by identifying the conduct attributable to each defendant.

Questions Presented

1. Whether the amended complaint should be dismissed for failing to comply with Federal Rule of Civil Procedure 8.
2. Whether the action should be stayed under the Younger abstention doctrine.
3. Whether Plaintiff should receive a limited opportunity to amend the complaint after dismissal without prejudice.

Disposition

dismissed