What is the test for conclusionary allegations under the Civil Rights Act?

MultiRegion, United States of America

The following excerpt is from Hernandez v. Denton, 861 F.2d 1421 (9th Cir. 1988):

Conclusionary allegations, unsupported by facts, [will be] rejected as insufficient to state a claim under the Civil Rights Act.... The plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support the plaintiff's claim.

Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir.1984) (citations omitted).

The defendants are the Director of Corrections, the prison Superintendent, and members of the disciplinary and classification

Page 1435

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