Oliver v. Punter

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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ALBERT OLIVER,

Plaintiff,

ORDER

-against- 22-CV-3580(GRB)(LGD)

AYESHA PUNTER, MERIDITH LAFLER, Support

Magistrate; HARMON LUTZER, Attorney; FILED

STEVE BELLONE, Suffolk County Executive; CLERK

SCCSEB, 1:35 pm, Aug   10, 2022

Defendants. U.S. DISTRICT COURT

-------------------------------------------------------------------X EASTERN DISTRICT OF NEW YORK

GARY R. BROWN, United States District Judge: LONG ISLAND OFFICE

On June 16, 2022, pro se plaintiff Albert Oliver (“plaintiff”) filed a complaint in this

Court against Ayesha Punter (“Punter”), Meridith Lafler (“Lafler”), Harmon Lutzer (“Lutzer”),

Suffolk County Executive “Steve Bellone” (“Bellone”), and “SCCSEB”1 (collectively,

“defendants”) using the Court’s form for civil rights actions brought pursuant to 42 U.S.C. §

1983. See Docket Entry “DE” 1. Plaintiff also filed an application to proceed in forma

pauperis (“IFP”) together with the complaint. DE 2.

Upon review, the Court finds that plaintiff is qualified by his financial status to

commence this action without prepayment of the filing fee. Accordingly, plaintiff’s application

to proceed IFP is granted. However, for the reasons that follow, the complaint is dismissed

pursuant to Federal Rule of Civil Procedure 12(h)(3) and 28 U.S.C. §§ 1915(e)(2)(B).

BACKGROUND

1. Summary of the Complaint2

1 The Court understands this to reference the Suffolk County Child Support Enforcement Bureau.

2 Excerpts from the complaint are reproduced here exactly as they appear in the original. Errors in spelling,

punctuation, and grammar have not been corrected or noted.

Pro se plaintiff’s brief submission seeks to challenge an underlying state court child

support proceeding. According to the complaint, at the Family Court building located in Central

Islip, New York:

On April 26, 2022 both Support Magistrate Meridith Lafler and Attorney Harmon

Lutzer held a support hearing without following the rules of Due Process. On May

25, 2022, Support Magistrate Meridith Lafler disregarded Due Process by not

following the rules of Due Process.

DE 1 at 5, ¶ III. Although plaintiff left the space on the form complaint that calls for a description

of any injuries suffered as a result of the challenged conduct blank, he seeks to recover a monetary

damages award in the sum of $240,222.00 as well as an order terminating any debts or arrears

owed and the return of funds he already paid together with 6% interest. Id. at 6, ¶¶ IV-V.

Plaintiff also requests that the defendants “[l]eave me alone from this forthwith.” Id. at ¶ V.

LEGAL STANDARDS

The Second Circuit has established a two-step procedure wherein the district court first

considers whether plaintiff qualifies for in forma pauperis status, and then considers the merits of

the complaint under 28 U.S.C. § 1915(e)(2). Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d

Cir. 1983).

1. In Forma Pauperis

Upon review of the IFP application, the Court finds that plaintiff is qualified by his

financial status to commence this action without the prepayment of the filing fee. Therefore, the

application to proceed IFP (DE 2) is granted.

2. Sufficiency of the Pleadings

As Judge Bianco summarized,

A district court is required to dismiss an in forma pauperis complaint if the action

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is frivolous or malicious, fails to state a claim on which relief may be granted, or

seeks monetary relief against a defendant who is immune from such relief. See 28

U.S.C. §§ 1915(e)(2)(B)(i)-(iii). The Court is required to dismiss the action as

soon as it makes such a determination. See 28 U.S.C. §§ 1915(e)(2)(B)(i)-(iii).

It is axiomatic that district courts are required to read pro se complaints liberally,

see Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429

U.S. 97, 106 (1976)); Chavis v. Chappius, 618 F.3d 162, 170 (2d Cir. 2010), and to

construe them “‘to raise the strongest arguments that [they] suggest [ ].’” Chavis,

618 F.3d at 170 (quoting Harris v. City of New York, 607 F.3d 18, 24 (2d Cir.

2010)). Moreover, 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), aff’d, ---

U.S. ----, 133 S. Ct. 1659, 185 L. Ed. 2d 671 (2013) (citing Ashcroft v. Iqbal, 556

U.S. 662 (2009)). However, “[t]hreadbare recitals of the elements of a cause of

action, supported by mere conclusory statements . . . are not entitled to the

assumption of truth.” Iqbal, 556 U.S. at 678 (citation omitted).

Notwithstanding a plaintiff’s pro se status, 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). “A claim has facial plausibility when the plaintiff

pleads factual content that allows the court to draw the reasonable inference that

the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. The

plausibility standard requires “more than a sheer possibility that a defendant has

acted unlawfully.” Id.; accord Wilson v. Merrill Lynch & Co., 671 F.3d 120, 128

(2d Cir. 2011). While “detailed factual allegations” are not required, “[a] pleading

that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a

cause of action will not do.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at

555). Plaintiff’s factual allegations must also be sufficient to give the defendant

“fair notice of what the . . . claim is and the grounds upon which it rests,” Twombly,

550 U.S. at 555 (internal quotation marks and citation omitted).

Patrick v. Bronx Care, No. 14-CV-7392 (JFB)(AKT), 2014 WL 7476972, at *1-2 (E.D.N.Y. Dec.

31, 2014).

DISCUSSION

Section 1983 provides that:

Every person who, under color of any statute, ordinance, regulation, custom, or

usage, of any State or Territory or the District of Columbia, subjects, or causes to

be subjected, any citizen of the United States or other person within the jurisdiction

thereof to the deprivation of any rights, privileges, or immunities secured by the

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Constitution and laws, shall be liable to the party injured in an action at law, suit in

equity, or other proper proceeding for redress . . . .

42 U.S.C. § 1983. Section 1983 “creates no substantive rights; it provides only a procedure for

redress for the deprivation of rights established elsewhere.” Sykes v. James, 13 F.3d 515, 519 (2d

Cir. 1993). To maintain a Section 1983 action, a plaintiff must show that the defendant (1) acted

under color of state law (2) to deprive the plaintiff of a right arising under the Constitution or

federal law. See id. The Court analyzes plaintiff’s Section 1983 claims below.

I. Lack of State Action

“[P]rivate individuals . . . cannot be sued under 42 U.S.C. § 1983 absent a plausible

allegation that they acted under color of state law.” Basile v. Connolly, 538 F. App’x 5, 7 (2d Cir.

2013). Although plaintiff names Punter and Lutzer as defendants, he has not alleged that either

defendant is a state actor or has otherwise acted under color of state law. See DE 1, in toto.

Accordingly, plaintiff has not plausibly alleged a Section 1983 claim against Punter and Lutzer

and these claims are thus dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-

(ii).

II. Lack of Personal Involvement

Plaintiff’s sparse complaint does not include any factual allegations of conduct or inaction

attributable to any of the defendants. Indeed, apart from the caption and “Parties” section of the

complaint, Punter, Bellone, and SCCSEB are not again mentioned. See DE 1, in toto. Moreover,

plaintiff has alleged only that Lafler and Lutzer “held a Support Hearing without following the

rules of Due Process.” Id. at 5, ¶ III.C.

“[P]ersonal involvement of defendants in alleged constitutional deprivations is a

prerequisite to an award of damages under § 1983.” Farid v. Ellen, 593 F.3d 233, 249 (2d Cir.

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2010) (internal quotations marks omitted). “[B]ald assertions and conclusions of law” are

insufficient to establish personal involvement. See Leeds v. Meltz, 85 F.3d 51, 53 (2d Cir. 1996).

Moreover, an individual will not be held liable by virtue of his or her supervisory position alone.

McKinnon v. Patterson, 568 F.2d 930, 934 (2d Cir. 1977). Rather, as the Second Circuit Court

of Appeals recently made clear, “there is no special rule for supervisory liability” and, in order

“[t]o hold a state official liable under § 1983, a plaintiff must plead and prove the elements of the

underlying constitutional violation directly against the official without relying on a special test for

supervisory liability.” Tangreti v. Bachmann, 983 F.3d. 609, 620 (2d Cir. 2020). Where a

Section 1983 claim fails to allege the personal involvement of the defendant, it fails as a matter of

law. See Johnson v. Barney, 360 F. App’x 199, 201 (2d Cir. 2010) (summary order).

Here, as is readily apparent, Plaintiff has omitted any factual allegations of conduct or

inaction attributable to any defendant and his “bald assertions and conclusions of law” do not

suffice. Thus, in the absence of any alleged personal involvement by any defendant, plaintiff has

not set forth a plausible Section 1983 claim against them. Thus, plaintiff’s Section 1983 claims

are not plausible and are thus dismissed without prejudice for failure to state a claim upon which

relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).

III. The Domestic Relations Exception

Even if Plaintiff had alleged the personal involvement of each defendant, this Court could

not adjudicate his claims challenging an underlying state court child support proceeding. The

domestic relations exception to federal jurisdiction “‘divests the federal courts of power to issue

divorce, alimony and child custody decrees.’” Stumpf v. Maywalt, No. 21-CV-06248(EAW), 2022

WL 2062613, at *4 (W.D.N.Y. June 6, 2022) (quoting Rabinowitz v. New York, 329 F. Supp. 2d

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373, 376 (E.D.N.Y. 2004) (citation omitted)). This exception also extends to child support

determinations and the enforcement thereof. See, e.g., Sorenson v. Suffolk Cnty. Child Support

Enforcement Bureau, 07-CV-03755(JFB)(AKT), 2009 WL 580426, at *6-7 (E.D.N.Y. Mar. 5,

2009) (finding plaintiff, who previously unsuccessfully sought to have child support “arrears

vacated . . . in state court” cannot “utilize the federal courts to, in essence, challenge the existing

judgment regarding child support arrears, or the County’s enforcement of that judgment”);

McArthur v. Bell, 788 F. Supp. 706, 709 (E.D.N.Y. 1992) (plaintiff’s constitutional claims, which

were directly related to an underlying child support determination, were barred by the domestic

relations exception because “to decide the instant case, this Court would be forced to re-examine

and re-interpret all the evidence brought before the state court in the domestic relations

proceedings,” which “is the role of the Appellate Division . . . not the role of this Court.”). Thus,

the domestic relations exception divests the Court of subject matter jurisdiction to adjudicate

plaintiff’s Section 1983 claims. Accordingly, they are dismissed without prejudice pursuant to

Federal Rule of Civil Procedure 12(h)(3).3

IV. Leave to Amend

The Second Circuit has held that “[d]istrict courts should generally not dismiss

a pro se complaint without permitting at least one opportunity to amend, but

3 It also appears that plaintiff is challenging state court judgments rendered in April and May 2022, well before the

complaint was filed in this Court on June 16, 2022. Thus, the Rooker-Feldman doctrine would also require this

Court to decline plaintiff’s invitation to review and reject those state court judgments. Stumpf, 2022 WL 2062613,

at 4 n. 4 (“The Rooker-Feldman doctrine bars federal courts from exercising jurisdiction over claims brought by

state-court losers complaining of injuries caused by state-court judgments rendered before the district court

proceedings commenced and inviting district court review and rejection of those judgments.” (internal quotation

marks omitted)); Fernandez v. Turetsky, No. 12-CV-4092 (SLT) (MDG), 2014 WL 5823116, at *4 (E.D.N.Y. Nov.

7, 2014), aff’d, 645 F. App’x 103 (2d Cir. 2016) (“Courts have repeatedly invoked the [Rooker-Feldman] doctrine in

cases, like the one currently before the Court, in which plaintiffs challenge family court decrees setting child support

arrears.”) (collecting cases).

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granting leave to amend is not necessary when it would be futile.” Lamb v. Cuomo, 698 F. App’x

1, 2 (2d Cir. 2017) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Where a

complaint has been dismissed for lack of subject matter jurisdiction, denial of leave to amend on

the basis of futility may be appropriate. Rahim v. Secretary, Establishment Div., Gov’t of

People’s Republic of Bangl., 481 F. App’x 18, 19 (2d Cir.2012) (affirming district court’s

dismissal of pro se plaintiff’s complaint without leave to amend where complaint was dismissed

for lack of subject matter jurisdiction).

Here, leave to amend would be futile given that the domestic relations exception divests

this Court of subject matter jurisdiction. Accordingly, leave to amend the complaint is denied.

CONCLUSION

Based on the foregoing, plaintiff’s application to proceed IFP is granted. The complaint

is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(h)(3) and 28

U.S.C. § 1915(e)(2)(B)(i)-(ii). Leave to further amend the complaint is denied. The Court

certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and

therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v.

United States, 369 U.S. 438, 444-45 (1962).

The Clerk of Court is respectfully directed to serve a copy of this order to plaintiff at his

address of record and to note such service on the docket.

SO ORDERED.

/s/ Gary R. Brown

_______________________

Hon. Gary R. Brown

United States District Judge

Dated: August 10, 2022

Central Islip, New York

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