When the Petition Looks Like a Term Paper, Not a Lawsuit
In my practice as a civil defense attorney, I get more than my fair share of cases filed by people representing themselves. Pro se petitions break all the conventions lawyers take for granted: paragraphs aren’t numbered, or they are but not sequential; arguments, legal analysis, and exhibits appear where you’d expect concise factual allegations.
That’s fine. We adapt. But it also reminds me how much of what we consider “the rules” are really just habits we’ve absorbed by watching other lawyers. So what happens when those habits are absent?
The court addressed that in:
Bonjorno v. Kansas,
Case No. 25-1042-JWB (D. Kan. June 11, 2025)
Judge John W. Broomes
The plaintiff’s 101-page amended complaint (plus 38 pages of exhibits) was too disorganized to satisfy Rule 8. The court noted that it read more like a legal brief than a complaint: filled with analysis, conclusions, and narratives, but lacking clear, concise factual allegations that support identifiable claims. While the motion to dismiss remains pending, the court ordered the plaintiff to refile using a standard complaint form.
Key takeaway: Rule 8 doesn’t just require a short and plain statement, it forbids treating the complaint like a summary judgment brief. Pro se or not, the rules still apply.