On August 17, 2020, NELA and The Institute joined Public Justice and other disability and civil rights organizations in filing an amicus brief in Moses-EL v. Denver in the 10^th Circuit. This brief addresses the vital importance of maintaining a Rule 8 pleading standard that does not raise barriers for entry to the courthouse for plaintiffs. In this case, the district court stiffened the already strict interpretation of Rule 8 established by the Supreme Court in Bell Atlantic v. Twombly and Ashcroft v. Iqbal. This heightened standard is in direct contravention to the Federal Rules of Civil procedure, requiring a level of specificity in the pleading that was unacceptably high. Courts have long recognized the importance of pleading standards that allow plaintiffs access to the discovery phase, even if their initial pleading lacks some factual specificity and is unsophisticated.  Many thanks to Public Justice for drafting this brief.… Read More