PHILLIPS v. GIRDICH

No. 04-0347PR.

408 F.3d 124 (2005)

Clifton A. PHILLIPS Jr., Plaintiff-Appellant, v. Roy A. GIRDICH, Superintendent, Upstate Correctional Facility, John J. Donelli, First Deputy Superintendent, Upstate Correctional Facility, A. Boucaud, Deputy Superintendent of Administration, Upstate Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 17, 2005.


Attorney(s) appearing for the Case

Clifton A. Phillips, Jr., Malone, NY, Plaintiff-Appellant Pro Se.

Before: MESKILL, SACK and B.D. PARKER, Circuit Judges.


MESKILL, Circuit Judge.

We explore the requirements of Federal Rule of Civil Procedure 10(b). Although that Rule contains important guidelines for the form of pleadings in federal court, we hold that harmless violations of the Rule should be excused so that claims may be resolved on their merits.

This appeal concerns a suit brought by a prisoner. Claiming that he was treated unfairly because of his race, he sued his jailers pro se. The United States...

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