L.C. Cain, a former employee of Milwaukee County, settled a workers' compensation claim in 1991. In 2022, he attempted to reopen this settlement through a state administrative appeal, which was dismissed as untimely. Cain subsequently filed a lawsuit under 42 U.S.C. § 1983 against the County, the administrative law judge, the lawyer who represented him, and the insurance company, alleging civil rights violations. The district court dismissed the claims against the administrative law judge due to absolute judicial immunity, dismissed claims against the County because the suit was filed beyond the statute of limitations, and dismissed claims against the remaining defendants because they were not state actors. Cain appealed this decision but filed a brief that contained no legal arguments or citations.
The panel of judges, consisting of Frank H. Easterbrook, David F. Hamilton, and Doris L. Pryor, addressed the procedural failure in Cain's appellate filing. The court noted that while the underlying claims involved serious civil rights allegations, the appellate brief was devoid of any substantive argumentation. The court emphasized that Federal Rule of Appellate Procedure 28(a)(8)(A) mandates that an appellant must provide their contentions, the reasons for them, and citations to authorities and the record. Citing Greenbank v. Great Am. Assurance Co., the court explained that this requirement applies even to pro se litigants. Because Cain did not argue that the district judge's decision was incorrect or provide any case law to cast doubt on the ruling, the court found the appeal frivolous. The court relied on Anderson v. Hardman to support the dismissal of appeals that fail to meet these basic procedural standards.
The appeal is dismissed, leaving the district court's original dismissal of Cain's § 1983 claims in place. This decision reinforces the strict procedural requirements for appellate filings, signaling that pro se litigants cannot bypass the requirement to articulate legal arguments and cite authorities. There are no remand instructions as the case is closed on appeal, and the unresolved factual and legal questions regarding the underlying civil rights claims remain settled by the district court's prior ruling.
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