Case Citator › Ian Dawes v. Hans Walker

Ian Dawes v. Hans Walker

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Second Circuit
Citation
239 F.3d 489
Decided
Confirmed treatments
1
Flagged citations read
201 of 201
Citing cases (total)
358
Treatment dates
2002

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Ian Dawes v. Hans Walker has been fully reviewed: all 201 flagged citations have been read, with the one confirmed treatment listed below. Phelps v. Kapnolas held that intervening Supreme Court authority overruled Dawes only to the extent it imposed a heightened pleading standard beyond Federal Rule of Civil Procedure 8(a)(2).
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.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

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.

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Treatments

Overruled in part

  • 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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