Opinion

Calixte v. Legal Service NYC

Court
District Court, E.D. New York
Filed
Nov 14, 2022
Cited by
0 cases
Authority
More cited than 26.7%

“[A] legal aid society ordinarily is not a state actor amenable to suit under § 1983.”

How later courts described this case

  • “[A] legal aid society ordinarily is not a state actor amenable to suit under § 1983.”
  • discussing Fed. R. Civ. P. 8

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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

CHARLES DIDIER CALIXTE,

Plaintiff, MEMORANDUM AND ORDER

22-CV-6018 (RPK)

-against-

LEGAL SERVICES NYC,

Defendant.

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

RACHEL P. KOVNER, United States District Judge:

Pro se plaintiff Charles Didier Calixte sues Legal Services NYC for various claims

relating to assistance he received in preparing his 2020 and 2021 taxes. See Compl. 6–7 (Dkt.

#1). Plaintiff’s application to proceed in forma pauperis is granted, but plaintiff’s complaint is

dismissed for the reasons discussed below. Plaintiff may submit an amended complaint within

thirty days of this order.

BACKGROUND

Plaintiff alleges that Legal Services NYC committed fraud on his 2020 and 2021 New

York 1099 tax forms. Id. at 6. Plaintiff does not describe the alleged fraud, but he asserts that he

suffered damages of “$3000 and up” in 2020 and “$7000 and up” in 2021. Ibid. Plaintiff also

asserts that defendant made “unauthorize[d] transactions” using his bank account. Ibid.

After discovering the alleged fraud, plaintiff reported defendant to the Internal Revenue

Service, the Federal Trade Commission, and the New York Labor Department. Id. at 7. He

alleges that he has since experienced “[s]abotage in [his] apartment,” “plotting [of his] arrest,”

and “evict[ion].” Ibid. Plaintiff also asserts that “as a result of [his] actions,” defendant has

“us[ed] the legal system to seek justice against [him,] a black man[,] based on racial inequities

and punishment.” Ibid.

As a basis for federal jurisdiction, plaintiff lists the Americans with Disabilities Act, as

well as “identity theft fraud/money/deprivation of rights/human rights.” Id. at 4.

Construed liberally, plaintiff’s complaint can be read as bringing federal claims under the

Americans with Disabilities Act and 42 U.S.C. § 1983. Ibid.

STANDARD OF REVIEW

When a litigant files a lawsuit in forma pauperis, the district court must dismiss the case

if it determines that the complaint is “frivolous” or “fails to state a claim on which relief may be

granted.” 28 U.S.C. § 1915(e)(2)(B). To avoid dismissal for failure to state a claim, a complaint

must plead “enough 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.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (discussing Fed. R.

Civ. P. 8).

A pro se plaintiff’s complaint must be “liberally construed, and . . . however inartfully

pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.”

Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (quotation marks and citations omitted).

DISCUSSION

Plaintiff fails to plead a plausible claim under the Americans with Disabilities Act. To

maintain such a claim, plaintiff must plausibly establish, among other things, that “he is a

qualified individual with a disability” and that “he was denied the opportunity to participate in or

benefit from the defendant’s services, programs, or activities, or was otherwise discriminated

against by the defendant because of his disability.” McElwee v. Cnty. of Orange, 700 F.3d 635,

640 (2d Cir. 2012). Plaintiff’s complaint includes no allegations regarding either requirement. It

does not allege any facts suggesting that plaintiff is a qualified individual with a disability, nor

does it allege that plaintiff was denied a service or otherwise discriminated against by defendant

because of a disability. See Compl. 5–7.

Plaintiff also fails to state a plausible claim under Section 1983. “It is well established

that in order to state a claim under § 1983, a plaintiff must allege (1) that the challenged conduct

was attributable at least in part to a person acting under color of state law, and (2) that such

conduct deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or

laws of the United States.” Dwares v. City of New York, 985 F.2d 94, 98 (2d Cir. 1993).

Defendant, a non-profit legal aid organization, does not ordinarily operate under the color of

state law. See, e.g., Schnabel v. Abramson, 232 F.3d 83, 87 (2d Cir. 2000) (“[A] legal aid society

ordinarily is not a state actor amenable to suit under § 1983.”); Kaminski v. Semple, 796 F.

App’x 36, 39 (2d Cir. 2019); Brown v. Legal Aid Soc., 367 F. App’x 215, 216 (2d Cir. 2010);

Graseck v. Mauceri, 582 F.2d 203, 208 (2d Cir. 1978). And plaintiff has not asserted facts that

plausibly allege that defendant acted under color of state law in his case.

To the extent that plaintiff’s complaint could be construed to raise any state-law claims,

the Court declines to exercise supplemental jurisdiction over them. Four factors bear on whether

it is appropriate to exercise supplemental jurisdiction: “judicial economy, convenience, fairness,

and comity.” Catzin v. Thank You & Good Luck Corp., 899 F.3d 77, 81 (2d Cir. 2018). This

case is still in its preliminary stages. “It is well settled that where . . . the federal claims are

eliminated in the early stages of litigation, courts should generally decline to exercise pendant

jurisdiction over remaining state law claims.” Klein & Co. Futures Inc. v. Bd. of Trade, 464 F.3d

255, 262 (2d Cir. 2006). Accordingly, I decline to exercise supplemental jurisdiction over any

state-law claims that plaintiff asserts.

CONCLUSION

Plaintiff’s application to proceed in forma pauperis is granted, but his complaint is

dismissed without prejudice. Plaintiff may file an amended complaint within thirty days of this

order. Plaintiff is advised that any amended complaint will completely replace, not supplement,

his prior pleading. If plaintiff does not file an amended complaint within the time allotted,

judgment shall be entered dismissing the case.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order

would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose

of any appeal. Coppedge v. United States, 369 U.S. 438, 444–45 (1962).

SO ORDERED.

/s/ Rachel Kovner

RACHEL P. KOVNER

United States District Judge

Dated: November 9, 2022

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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