Lopez v. Smith
- Decided
- February 10, 2000
- Docket
- No. 97-16987
- Status
- Published
- Jurisdiction
- Federal
Cited 9,722 timesOverruled in part on other grounds (verified)Overruled in part on other grounds (verified) · Clark v. Oakland Police Department
What later courts said
- holding that even if denying Lopez access to the general recreation yard was reasonable, “it does not explain why Lopez was not given some other opportunity for outdoor exercise.” — Thomas v. Ponder (2010)
- holding that “a district court should grant leave to amend.. .unless it determines that the pleading could not possibly be cured by the allegation of other facts.” — In re Anthem, Inc. Data Breach Litigation (2016)
- holding that dismissal with leave to amend should be granted even if no request to amend was made — Tatung Co. v. Shu Tze Hsu (2014)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge RYMER; Dissent by Judge SNEED.
MICHAEL DALY HAWKINS, Circuit Judge:
The Prison Litigation Reform Act of 1995 (“PLRA”) provides that a district court “shall dismiss” an in forma pauperis complaint “if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.” Pub.L. No. 104-134, § 804(a)(5), 110 Stat. 1321, 1321-74 (1996), codified at 28 U.S.C. § 1915(e)(2) (1996). We took this case en banc to decide whether that provision deprives a district court of its historical discretion to dismiss such a complaint with leave to amend and mandates instead that the dismissal be tuithout leave to amend. Because the PLRA does not clearly state that dismissal must be without leave to amend, we hold that a district court retains its discretion over the terms of a dismissal for failure to state a claim, including whether to make the dismissal with or without leave to amend.
Statutes cited
Cite this
Lopez v. Smith, 203 F.3d 1122 (2000)Read the full opinion
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