Ian Dawes v. Hans Walker
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The other reviewed opinions continued to apply Dawes's unaffected First Amendment retaliation rules while merely copying that subsequent history, applied its Eighth Amendment framework, or placed unrelated treatment language near the citation. Duplicate copies of the same opinion were reviewed separately but do not create duplicate entries.
358 later cases cite Ian Dawes v. Hans Walker; 201 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Ian Dawes v. Hans Walker?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The Second Circuit held that intervening Supreme Court authority overruled Dawes to the extent it imposed a heightened pleading standard beyond Rule 8(a)(2).
Phelps v. Kapnolas · Second Circuit · filed
To the extent Dawes did create a heightened pleading standard beyond FRCP 8(a)(2), that case is inconsistent with, and thus overruled by, Swierkiewicz, 534 U.S. 506, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002).
Read the full opinion on CourtListener →
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