Opinion

Irons v. United States Government

Court
District Court, E.D. New York
Filed
Sep 27, 2021
Cited by
0 cases
Authority
More cited than 26.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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TONI PATRICIA IRONS,

Plaintiff, MEMORANDUM AND ORDER

21-CV-4683 (KAM)(LB)

-against-

UNITED STATES GOVERNMENT; DR.

ALEXANDRIA; STATE OF NEW YORK AND

GOVERNMENT EMPLOYEES,

Defendants.

-----------------------------------x

KIYO A. MATSUMOTO, United States District Judge:

Plaintiff Toni Patricia Irons brings the instant pro

se action pursuant to 42 U.S.C. § 1983. (ECF No. 1, Complaint

(“Compl.”).) Plaintiff’s request to proceed in forma pauperis

is granted. (ECF No. 2.) For the reasons set forth below

below, the complaint is dismissed and plaintiff is granted

thirty (30) days leave from the date of this Memorandum and

Order to submit an Amended Complaint.

BACKGROUND

Plaintiff’s complaint is difficult to understand but

it appears that plaintiff alleges that she was “left an

inheritance that was stolen by the government, and when [she]

tried to obtain it and fix what the government did wrong to

[her] [she was] misdiagnosed and treated inhumanity [sic] and

deprived my life, liberty and my property and a right to speak

the truth.” (Compl. at 5.) Plaintiff further alleges that “Dr.

Alexandria, never evaluated me and [diagnose] me as mentally

ill. Sueing on behalf of forced medications under threat and

pain and suffering, slandering my name, and wrongful

malpractice.” (Id. at 8.) Plaintiff also asserts that she was

“arrested for a charge that I never did and was suppose[edly]

evaluated to see if I was able to stand [trial] and I was

introduced to 2 female [psychiatrist] and was never evaluated.”

(Id.) Plaintiff seeks money damages and “her real name back.”

(Id. at 6.)

STANDARD OF REVIEW

It is axiomatic that pro se complaints are held to

less stringent standards than pleadings drafted by attorneys and

the court is required to read plaintiff’s pro se complaint

liberally and interpret it raising the strongest arguments it

suggests. Hughes v. Rowe, 449 U.S. 5, 9 (1980); Sealed

Plaintiff v. Sealed Defendant #1, 537 F.3d 185, 191-93 (2d Cir.

2008). At the pleadings stage of the proceeding, the court must

assume the truth of “all well-pleaded, nonconclusory factual

allegations” in the complaint. Kiobel v. Royal Dutch Petroleum

Co., 621 F.3d 111, 123 (2d Cir. 2010) (citing Ashcroft v. Iqbal,

556 U.S. 662 (2009)). A complaint must plead sufficient facts

to “state a claim to relief that is plausible on its face.”

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).

Under 28 U.S.C. § 1915(e)(2)(B), a district court

shall dismiss an in forma pauperis action where it is satisfied

that the action “(i) is frivolous or malicious; (ii) fails to

state a claim on which relief may be granted; or (iii) seeks

monetary relief against a defendant who is immune from such

relief.” An action is “frivolous” when either: (1) “the

‘factual contentions are clearly baseless,’ such as when

allegations are the product of delusion or fantasy”; or (2) “the

claim is ‘based on an indisputably meritless legal theory.’”

Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d

Cir. 1998) (internal citation omitted).

DISCUSSION

I. Rule 8

Pursuant to Rule 8 of the Federal Rules of Civil

Procedure, a plaintiff must provide a short, plain statement of

claim against each defendant named so that they have adequate

notice of the claims against them. Iqbal, 556 U.S. 678 (Rule 8

“demands more than an unadorned, the-defendant-unlawfully-

harmed-me accusation.”). A pleading that only “tenders naked

assertions devoid of further factual enhancement” will not

suffice. Id. (internal citations and alterations omitted). To

satisfy this standard, the complaint must at a minimum “disclose

sufficient information to permit the defendant to have a fair

understanding of what the plaintiff is complaining about and to

know whether there is a legal basis for recovery.” Kittay v.

Kornstein, 230 F.3d 531, 541 (2d Cir. 2000) (internal quotation

marks omitted); Harnage v. Lightner, 916 F.3d 138, 141 (2d Cir.

Feb. 15, 2019).

The court is unable to determine exactly what claims

plaintiff is attempting to allege against each defendant and

thus, cannot evaluate whether plaintiff’s allegations state a

claim for relief. Neither the court nor defendants should have

to parse through the complaint or the attached exhibits to

ascertain the factual basis for plaintiff’s claims. Even

liberally construing the complaint in plaintiff’s favor, it

fails to state a claim upon which relief can be granted.

Accordingly, the court will dismiss the complaint without

prejudice to allow plaintiff to file an amended complaint.

II. Claims Against the United States

In addition, plaintiff names the United States

government as a defendant. Claims against the United States,

however, are barred under the doctrine of sovereign immunity.

See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994); Robinson v.

Overseas Military Sales Corp., 21 F.3d 502, 510 (2d Cir. 1994).

Without a waiver of sovereign immunity, federal courts lack

subject matter jurisdiction over a plaintiff’s claims against

the United States or agencies of the United States. See

F.D.I.C., 510 U.S. at 475. It is plaintiff’s burden to

demonstrate that sovereign immunity has been waived, and in the

absence of such a waiver the court lacks jurisdiction. See

Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000).

Here, plaintiff has failed to demonstrate the requisite waiver

of sovereign immunity by the United States. Thus, plaintiff’s

claims against the United States are dismissed. See 28 U.S.C. §

1915A(b).

III. Claims Against the State of New York

To the extent plaintiff seeks to bring claims against

the State of New York, those claims also cannot proceed because

“as a general rule, state governments may not be sued in federal

court unless they have waived their Eleventh Amendment immunity,

or unless Congress has abrogated the states’ Eleventh Amendment

immunity . . . .” Gollomp v. Spitzer, 568 F.3d 355, 366 (2d

Cir. 2009) (internal quotation marks omitted). New York has not

waived its Eleventh Amendment immunity to suit in federal court,

and Congress did not abrogate the states’ immunity in enacting §

1983. See Trotman v. Palisades Interstate Park Comm'n, 557 F.2d

35, 40 (2d Cir. 1977). Thus, plaintiff’s claims against the

State of New York are dismissed. See 28 U.S.C. § 1915A(b).

IV. Section 1983 Claims

Plaintiff's claim is brought pursuant to § 1983, which

requires that: (1) the conduct challenged must have been

“committed by a person acting under color of state law,” Cornejo

v. Bell, 592 F.3d 121, 127 (2d Cir. 2010) (internal citation and

quotation marks omitted); and (2) the conduct complained of

“must have deprived a person of rights, privileges or immunities

secured by the Constitution or laws of the United States.” Id.

Here, plaintiff names Dr. Alexandria as a defendant,

but it is unclear whether Dr. Alexandria is a private medical

provider or a state or federal employee. If Dr. Alexandria is a

private physician, plaintiff is advised that Section 1983

“excludes from its reach merely private conduct, no matter how

discriminatory or wrongful.” Am. Mfrs. Mut. Ins. Co. v.

Sullivan, 526 U.S. 40, 50 (1999) (internal quotation marks and

citation omitted). A plaintiff, however, can establish that a

private actor was acting under color of state law by proving

either: “(1) the existence of joint activity between the private

actor and the state or its agents, or (2) a conspiracy between

the state or its agents and the private actor.” Young v.

Suffolk Cnty., 922 F. Supp. 2d 368, 385 (E.D.N.Y. 2013).

Accordingly, plaintiff’s Section 1983 claim against Dr.

Alexandria is implausible because plaintiff has not alleged

whether Dr. Alexandria is a state or federal actor. Nor has

plaintiff alleged any facts from which the court could

reasonably construe a plausible Section 1983 conspiracy or joint

actor claim. Thus, plaintiff’s Section 1983 claim against Dr.

Alexandria is dismissed pursuant to 28 U.S.C. §§

1915(e)(2)(B)(i)-(ii) and 1915A(b)(1). To the extent plaintiff

intends to name Dr. Alexandria based on her possible status as a

federal employee, plaintiff’s allegations similarly fail as

possible Bivens claims pursuant to Bivens v. Six Unknown Named

Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

V. False Arrest Claim

Finally, to the extent plaintiff seeks to bring a

claim for false arrest, her claim, as stated, also fails. A

false arrest claim, brought pursuant to Section 1983 or Bivens,

requires plaintiff to name the arresting officer(s) as a

defendant and allege “[u]nder New York law, ‘to prevail on a

claim of false arrest a plaintiff must show that (1) the

defendant intended to confine him, (2) the plaintiff was

conscious of the confinement, (3) the plaintiff did not consent

to the confinement and (4) the confinement was not otherwise

privileged.’” Nzegwu v. Friedman, 605 F. App’x 27, 29 (2d Cir.

2015) (quoting Jocks v. Tavernier, 316 F.3d 128, 135 (2d Cir.

2003)).

LEAVE TO AMEND

In light of this court’s duty to liberally construe

pro se complaints, the court will allow plaintiff 30 days leave

to file an Amended Complaint in compliance with Rule 8(a) of the

Federal Rules Civil Procedure. Cruz v. Gomez, 202 F.3d 593 (2d

Cir. 2000). Pursuant to Rule 8 of the Federal Rules of Civil

Procedure, plaintiff must provide a short, plain statement of

claim to support her claim against each defendant so that the

defendant(s) have adequate notice of the claims against them.

Iqbal, 556 U.S. 678 (Rule 8 “demands more than an unadorned,

the-defendant-unlawfully-harmed-me accusation.”). A pleading

that only “tenders naked assertions devoid of further factual

enhancement” will not suffice. Id. (internal citations and

alterations omitted). Furthermore, plaintiff cannot rely on

exhibits or other documents to replace a statement of claim.

CONCLUSION

Accordingly, for the reasons set forth above,

plaintiff’s complaint is dismissed. 28 U.S.C. § 1915(e)(2)(B).

In light of this court’s duty to liberally construe pro se

complaints, plaintiff is granted 30 days leave from the date of

this Order to file an Amended Complaint. Should plaintiff elect

to file an Amended Complaint, she must allege facts that support

the elements of the claim and identify defendants who personally

violated her constitutional rights while acting under color of

state or federal law. Plaintiff is advised that any Amended

Complaint she elects to file will completely replace, not

supplement, the original complaint. The Amended Complaint must

be captioned as an “Amended Complaint,” and bear the same docket

number as this Order: 21-CV-4683 (KAM) (LB).

No summonses shall issue at this time and all further

proceedings shall be stayed for 30 days. If plaintiff fails to

comply with this order within the time allowed, or cure the

deficiencies discussed herein, judgment shall enter dismissing

the action. The court certifies pursuant to 28 U.S.C. § 1915

(a)(3) that any in forma pauperis appeal from this order would

not be taken in good faith. Coppedge v. United States, 369 U.S.

438, 444-45 (1962). The Clerk of Court is directed to send a

civil rights complaint form to plaintiff, and a copy of this

Order, and note service on the docket.

SO ORDERED.

/s/

KIYO A. MATSUMOTO

United States District Judge

Eastern District of New York

Dated: September 27, 2021

Brooklyn, New York

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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