Does a plaintiff have to affirmatively allege essential elements of diversity jurisdiction?
MultiRegion, United States of America
The following excerpt is from Mann v. City of Tucson, Dept. of Police, 782 F.2d 790 (9th Cir. 1985):
Although a plaintiff must affirmatively allege essential elements of diversity jurisdiction, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400, 404 n. 4 (9th Cir.1983), we think plaintiff's complaint was sufficient, making due allowance for the fact that we must hold pro se pleadings "to less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (per curiam).
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