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Brian Terryv.McGee

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.25-12825
Decided2026-05-07
ReporterNo. 25-12825 (11th Cir. 2026)
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
Eleventh CircuitShotgun PleadingRule 12(b)(6)Pro Se LitigantsSection 1983Municipal Code EnforcementLeave to Amend
Case Summary

Brian Terry and Galina Roofener brought constitutional, civil-rights, fraud, and contract claims arising from a municipal code-enforcement dispute. The district court dismissed their amended complaint as a shotgun pleading and for failure to state a claim. The Eleventh Circuit held that the pleading combined conclusory and immaterial allegations, failed to connect particular conduct to particular defendants and causes of action, and did not plausibly allege the elements of the federal claims. Although pro se pleadings receive liberal construction, litigants must comply with basic pleading rules, and further amendment was not required after repeated failure to cure the defects or where amendment would be futile. The dismissal was affirmed.

Opinion

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