Rafael M. Bertucelli v. Gerald F. Carreras, Rafael M. Bertucelli v. Gerald F. Carreras

Bertucelli appeals from the District Court’s dismissal of his action seeking redress under 42 U.S.C. §§ 1983 , 1985 for alleged infringements of his civil rights. He advances numerous grounds for reversal. At this time, however, we need consider only one, for we believe Bertucelli correctly contends that he was wrongfully denied an opportunity to amend his complaint before the action was dismissed.

The District Court dismissed the action for two reasons, only one of which is now of importance. Upon defendants’ motions, it had ordered Bertucelli’s complaint stricken because it did not comply with Rules 8(a) and 11, Fed.R.Civ.P. That Order was proper on both grounds.

There was a clear noncompliance ' with the requirements of Rule 8(a); the complaint was prolix and unintelligible. It was equally obvious that Bertucelli failed to comply with Rule 11. Allegations in the complaint, critical to one claim, were conclusively shown, by state court records, to be false. The District Court was therefore fully justified in concluding, as it did, that Bertu-celli’s then attorney signed the complaint with the intent to defeat the purpose of Rule 11. See 5 Wright & Miller, Federal Practice and…