The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
"Lest We All Drown in a Sea of Slop"
From Kelleher v. Town of Brookfield, decided earlier this month by Judge Brian Murphy (D. Mass.):
Plaintiff's Complaint is more than 100 pages long, often repeating itself or presenting information piecemeal and out of order, to some sort of titanic effect. While the Court appreciates that there is a long history between these parties and that Plaintiff is a pro se litigant and so entitled to a fair amount of leeway, "[e]ven pro se litigants are bound by the Federal Rules of Civil Procedure," including Rule 8's requirement that pleadings be "short" and "plain," with allegations that are "simple, concise, and direct."
Of course, the Court is well aware that attorneys, too, have long and often violated this rule (sometimes at great profit). See, e.g., Trump v. New York Times Co. (M.D. Fla. 2025) (excoriating experienced counsel for submitting a complaint that was "decidedly improper and impermissible"). However, particularly as artificial intelligence makes the production of language cheaper and faster—undoubtedly a boon to those that have historically been unable to afford garrulous counsel—it will become increasingly incumbent upon courts to insist that parties respect our limited bandwidths, lest we all drown in a sea of slop.
The Court would not make an example out of this case. However, moving forward, the Court would ask that Plaintiff (or any other prospective filer) do his best to write plainly and precisely, trusting that the Court reads closely and is unmoved by too much rhetoric.
