Jack Lane, Rodrock v. Nola T. Foulston, District Attorney, Eighteenth Judicial District, State of Kansas Robert C. Bell, Judge Paul Buchanan, Judge Michael Corrigan, Judge David W. Dewey, Judge Clark v. Owens, Judge Douglas R. Roth, First Deputy District Attorney Mark A. Jordan, Assistant District Attorney Christine M.T. Ladner, Assistant District Attorney Michael D. Hill, Sheriff Donald E. Lambdin Lucy L. Herlocker Susan Mueller Ron Rugg, Judge James Mathues Guy Michael Meuller Sam Houston, Sargent Doug Witson, Sheriff

Citations: 149 F.3d 1191; 1998 WL 317574; 1998 U.S. App. LEXIS 22810Docket: 97-3350

Court: Court of Appeals for the First Circuit; June 12, 1998; Federal Appellate Court

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Unpublished opinions can now be cited if they hold persuasive value on a material issue, provided a copy is attached to the citing document or submitted to the court and all parties during oral argument. This change follows a General Order from November 29, 1993, which suspended a specific 10th Circuit rule until December 31, 1995.

In the case of Jack Lane, Rodrock v. Nola T. Foulston et al., Rodrock filed a pro se civil rights suit against multiple judges, attorneys, and sheriffs, claiming violations of various constitutional rights. The allegations stemmed from events related to a child support dispute, including orders of incarceration and bench warrants issued by judges between March 8, 1996, and March 21, 1997. Rodrock cited numerous constitutional amendments and suggested a conspiracy under 42 U.S.C. § 1985(3) to deny him legal protections, demanding $35.6 million in damages.

Defendants moved to dismiss the complaint, arguing it failed to meet the "short and plain statement" requirement of Fed. R. Civ. P. 8(a), describing it as incoherent and filled with generalizations. The district court agreed, dismissing the case under Fed. R. Civ. P. 12(b)(6) and noting that the defendants were protected by absolute or qualified immunity.

Rodrock filed a timely appeal, contesting whether the district court violated the Seventh Amendment's right to a jury trial in common law damages exceeding $20. However, his appeal is interpreted as challenging the district court's dismissal of his complaint under Rule 12(b)(6). The court reviews such dismissals de novo, accepting well-pleaded allegations as true while disregarding conclusory statements that lack factual support. A complaint may be dismissed if it fails to provide a "short and plain statement of the claim" as required by Rule 8(a)(2), which must give defendants adequate notice of the claims against them. Rodrock's complaint, though brief, lacked clarity and specificity regarding the factual basis of his claims, failing to inform the defendants adequately or the court of his legal right to relief. Consequently, the district court's dismissal of Rodrock's complaint for violating Rule 8(a)(2) was affirmed.

The court has issued a mandate and decided unanimously that oral argument is unnecessary for the appeal, as per Federal Rule of Appellate Procedure 34(f) and 10th Circuit Rule 34.1.9. The Order and Judgment is not considered binding precedent except under specific legal doctrines such as law of the case, res judicata, and collateral estoppel, and though generally disfavored, it may be cited under 10th Circuit Rule 36.3. The court has conformed the Order and Judgment to reflect Mr. Rodrock's use of a comma in his name. Additional documents submitted revealed that Rodrock was held in contempt for failing to pay over $14,000 in child support, but these did not change the court's judgment that Rodrock failed to present a viable claim for relief. Rodrock's complaints against various defendants include serious allegations such as perjury, deprivation of rights, conspiracy, and defamation, but the court did not find sufficient grounds to support these claims. Consequently, the court chose not to consider the district court's alternative reasons based on absolute and qualified immunity doctrines.