James Robert Browning
Judge Browning no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Browning decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Protects a plaintiff's opportunity to develop a potentially viable claim when the complaint does not reveal an insuperable legal bar.
“We think appellants were entitled to file amended complaints as a matter of right.”
Distinguishes protected efforts to influence representative government from alleged misuse of adjudicative proceedings.
“Unlike legislators and law enforcement officials, judicial and administrative adjudicators do not act in a representative capacity.”
Procedural preferences
Treats a more definite statement, discovery, judgment on the pleadings, and summary judgment as alternatives to premature dismissal.
“mere vagueness or lack of detail is not ground for a motion to dismiss, but should be attacked by a motion for a more definite statement.”
Requires factual development when a prisoner's allegations could amount to deliberate indifference to serious medical needs.
“the allegations that plaintiff-appellant was left in severe pain for an extended period of time without necessary and available analgesic relief were sufficient to survive a motion to dismiss for failure to state a cause of action under 42 U.S.C. § 1983.”
Cautions
Regards dismissal for failure to obey a pleading order as severe and appropriate only after the litigant leaves the court no workable alternative.
“The power of the court to dismiss the action for failure to obey the order was clear”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the District Court affirming the denial of the petition to reclaim is reversed.”
“Remanded to the Board for further proceedings not inconsistent with this-opinion.”
“The judgment appealed from is reversed.”
“The Board’s order denying petitioner’s motion to reopen is set aside, and the matter remanded to the Board for further proceedings.”
A historical record
Judge Browning no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.