Harewood-Bey v. Biden

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

DIANA HAREWOOD-BEY, et al,

Plaintiffs,

22-CV-1472 (LTS)

-against-

ORDER

PRESIDENT JOE BIDEN, et al,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff Diana Harewood-Bey, who is proceeding pro se, filed this action on behalf of

herself, Lisa Warburton-El, and the Federation Moorish Science Temple of America. She alleges

that Defendants violated their religious rights. On August 12, 2022, the Court directed Plaintiff to

amend her complaint within 60 days, to address deficiencies in her pleadings. Plaintiff filed an

amended complaint on September 15, 2022. For the reasons set forth below, the Court grants

Plaintiff leave to file a second amended complaint within 30 days of the date of this order.

BACKGROUND

The Court assumes familiarity with the underlying facts of this case as summarized in the

Court’s August 12, 2022, order. Plaintiff Harewood-Bey commenced this action by filing a

complaint captioned for the New York Supreme Court, Westchester County, in the United States

District Court for the Eastern District of Pennsylvania. She sought to bring claims on behalf of

herself, Lisa Warburton-El, and the Federation Moorish Science Temple of America (“Moorish

Science Temple”) against President Joe Biden, New York Governor Kathy Hochul, Justice

Clarence Thomas, Justice Samuel Alito, Justice Neil Gorsuch, Mayor Bill de Blasio, the Floral

Agency, Biljiana Stodjadinovic, and Marie Kingsley. On January 24, 2021, the United States

District Court for the Eastern District of Pennsylvania transferred the matter to this Court

because most of the parties named in the complaint are in the Southern District of New York.

Plaintiff’s claims were not clearly stated, but her complaint and supporting exhibits

suggested that she was seeking to hold the Defendants liable for the termination of her

employment after her employer denied her a religious exemption from the COVID-19 vaccine

and she refused to get vaccinated. In the August 12, 2022, order, the Court took the following

actions: (1) determined that Colorado River abstention was not warranted in this case although

Plaintiff had a state-court case pending with the same claims; (2) dismissed without prejudice all

claims asserted on behalf of Lisa Warburton-El and the Moorish Science Temple because, as a

non-attorney, Plaintiff could not bring claims on behalf of others; (3) held that Plaintiff failed to

comply with Rule 8 of the Federal Rules of Civil Procedure because she did not provide a short

and plain statement showing that she is entitled to relief or alleging facts suggesting that any

defendant violated her rights; and (4) dismissed Plaintiff’s claims against President Biden and

Justices Thomas, Alito, and Gorsuch because they enjoy immunity from suit. The Court,

however, granted Plaintiff leave to file an amended complaint within 60 days, to allege the

events giving rise to her claims and to state facts showing how each defendant was personally

involved in the alleged deprivations.

In the amended complaint, Plaintiff again brings claims on behalf of Lisa Warburton-El

and the Moorish Science Temple and names as defendants President Biden and Justices Thomas,

Alito, and Gorsuch, along with Marie Kingsley, Biljana Stajadinovic, and the Floral Agency. She

claims that Defendants violated her religious rights under the First Amendment’s Free Exercise

Clause and the Religious Freedom and Restoration Act (RFRA), 42 U.S.C. §§ 2000bb, et seq.

(ECF 11, at 2.) Plaintiff alleges that the “NY health system” has violated her “religious freedom

and free expression of religion” and “placed a severe burden and hardship on [her]” by rejecting

her request for a religious exemption from the COVID-19 vaccine. (Id. at 6-7.) Plaintiff asserts

that because she “knows by the Holy Scripture that there is no greater protection than the

covering that Allah and [the] Prophet Noble Drew Ali provided for [her] through faith in Him,”

that she “politely and respectfully decline[d] the covid vaccine on the job by signing a [r]efusal

to consent to the vaccination on 12-29-2020.” (Id. at 7.) She contends that this is a new type of

vaccine with unknown side effects and that the “pharmaceuticals [] have a complete immunity

should people die or become paralyzed, injured etc.[,]” and that someone should be held “legally

liable for forcing this new type of vaccine.” (Id.) Plaintiff then goes on to describe her rights as a

member of the Moorish Science Temple, and refers to a series of news articles concerning the

Supreme Court’s rejection of challenges to vaccine mandates, including New York’s, and

publications on the effects of the COVID-19 vaccines. Plaintiff also attaches to the amended

complaint news articles and other publications about the vaccines.

Plaintiff asserts that the defendants have “injured [her] psychologically by causing

physical stress unintentionally” and she “request[s] cessation of molestation of right of religious

expression and right of conscience.” (Id. at 54.) She also seeks money damages.

DISCUSSION

A. Plaintiff fails to remedy noted deficiencies

Plaintiff’s amended complaint fails to remedy the deficiencies of the original complaint

that were identified in the Court’s August 12, 2022, order to amend. First, as previously stated,

because Plaintiff is not an attorney, she cannot bring claims on behalf of Warburton-El or the

Moorish Science Temple. Second, Plaintiff’s claims cannot proceed against President Biden or

Justices Thomas, Alito, and Gorsuch because they cannot be held liable for their presidential or

judicial actions in connection with the COVID-19 vaccines. Plaintiff’s claims against these

defendants are foreclosed by absolute presidential and judicial immunity. For the reasons stated

in the August 12, 2022, order, the Court again dismisses as parties from this action Warburton-

El, the Moorish Science Temple, President Biden, and Justices Thomas, Alito, and Gorsuch.

Further, Plaintiff fails to provide a short and plain statement showing that she is entitled

to relief as required by Rule 8, or include any facts suggesting that any of the remaining named

defendants violated her rights. Plaintiff asserts that the New York health care system violated her

rights under the Free Exercise Clause of the First Amendment and RFRA, by issuing a vaccine

mandate. She further alleges that her employer denied her a religious exemption from the

COVID-19 vaccine and that she refused to get vaccinated. Plaintiff does not, however, name any

state actors as defendants with respect to her claims. Rather, her remaining defendants − the

Floral Agency, Kinsley, and Stajadinovic – appear to be associated with her employment, but the

Court cannot be certain, because Plaintiff provides no facts about her employment or what these

defendants did to violate her rights.

B. Plaintiff cannot proceed under RFRA

Plaintiff cannot proceed with a claim under RFRA against the remaining defendants or

any state actors. RFRA prohibits the federal government from “substantially burdening” a

person’s exercise of religion, “even if the burden results from a rule of general applicability,”

unless the Government can demonstrate that application of the burden (1) furthers a compelling

interest; and (2) is the least restrictive means of furthering that interest. Gonzales v. O’Centro

Espirata Benificiente Uniao do Vegetal, 546 U.S. 418 (2006) (citing 42 U.S.C. § 2000bb-1(a)).

RFRA, however, does not regulate conduct by state actors because the Supreme Court

invalidated RFRA as applied to states and their subdivisions. See City of Boerne v. Flores, 521

U.S. 507, 515-516 (1997); see also Holt v. Hobbs, 574 U.S. 352, 357 (2015) (RFRA exceeded

Congress’ power under Section 5 of the Fourteenth Amendment.). RFRA remains operative only

as to the federal government. See Cutter v. Wilkinson, 544 U.S. 709, 715 n.2 (2005). Because

Plaintiff brings claims concerning New York’s vaccine mandate, a claim under RFRA is not

implicated. Plaintiff’s RFRA claim therefore must be dismissed for failure to state a claim on

which relief may be granted.

C. Plaintiff fails to state a Free Exercise Clause claim

Plaintiff next contends that Defendants violated the Free Exercise Clause of the First

Amendment.1 Constitutional claims, such as Plaintiff’s Free Exercise claim under the First

Amendment, must be brought under 42 U.S.C. § 1983. To state a claim under Section 1983, a

plaintiff must allege both that: (1) a right secured by the Constitution or laws of the United States

was violated, and (2) the right was violated by a person acting under the color of state law, or a

“state actor.” West v. Atkins, 487 U.S. 42, 48-49 (1988). Private parties are generally not liable

under the statute. Sykes v. Bank of America, 723 F.3d 399, 406 (2d Cir. 2013) (citing Brentwood

Acad. v. Tenn. Secondary Sch. Athletic Ass’n, 531 U.S. 288, 295 (2001)); see also Ciambriello v.

Cnty. of Nassau, 292 F.3d 307, 323 (2d Cir. 2002) (“[T]he United States Constitution regulates

1 “The Free Exercise Clause, which applies to the States under the Fourteenth

Amendment, protects religious observers against unequal treatment and against laws that impose

special disabilities on the basis of religious status.” Espinoza v. Mont. Dep’t of Revenue, 140 S.

Ct. 2246, 2254, (2020) (quotation marks omitted); see Cent. Rabbinical Cong. of U.S. & Canada

v. N.Y.C. Dep't of Health & Mental Hygiene, 763 F.3d 183, 193 (2d Cir. 2014) (“[T]he Free

Exercise Clause . . . protects the performance of (or abstention from) physical acts that constitute

the free exercise of religion: assembling with others for a worship service, participating in

sacramental use of bread and wine, proselytizing, abstaining from certain foods or certain modes

of transportation.”). A plaintiff may state a free exercise violation by alleging facts “showing that

a government entity has burdened his sincere religious practice pursuant to a policy that is not

neutral or generally applicable.” Kennedy v. Bremerton Sch. Dist., 142 S. Ct. 2407, 2422 (2022)

(citation and internal quotation marks omitted). If a plaintiff is able to make such a showing, the

government must then “satisfy strict scrutiny by demonstrating its course was justified by a

compelling state interest and was narrowly tailored in pursuit of that interest.” Id. (citation and

internal quotation marks omitted). “[L]aws incidentally burdening religion are ordinarily not

subject to strict scrutiny under the Free Exercise Clause so long as they are neutral and generally

applicable.” Fulton v. City of Phila., Penn., 141 S. Ct. 1868, 1876 (2021).

only the Government, not private parties.”). Plaintiff does not allege any facts in the amended

complaint suggesting that the remaining defendants are state actors or were otherwise involved

in state action. See Nyamoti v. Mount Sinai Hosp., No. 21-CV-8020 (JPO), 2022 WL 3156182, at

*3 (S.D.N.Y. Aug. 8, 2022). (“To make out a constitutional claim under Section 1983, a plaintiff

must first establish that the challenged conduct constitutes state action.”) (citation and internal

quotation marks omitted). Because Plaintiff does not allege any facts from which the Court can

infer anything about the Floral Agency, Kinsley, or Stajadinovic, much less state action, she fails

to state a Free Exercise claim against these defendants.

D. Plaintiff’s claims may implicate Title VII of the Civil Rights Act of 1964

Plaintiff’s alleged religious discrimination claims arising from her employment may

implicate a claim under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e

to 2000e-17. Title VII makes it unlawful for an employer “to discharge . . . or otherwise to

discriminate against any individual” in his or her employment “because of such

individual’s . . . religion.” 42 U.S.C. § 2000e-2(a)(1). The statute also requires employers to offer

reasonable religious accommodations that do not cause undue hardship. See 42 U.S.C.

§ 2000e(j).

Pleading requirements

At the pleading stage in a Title VII employment discrimination action, “a plaintiff must

plausibly allege that (1) the employer took adverse employment action against her, and (2) her

race, color, religion, sex, or national origin was a motivating factor in the employment decision.”

Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 86 (2d Cir. 2015). The plaintiff “may do

so by alleging facts that directly show discrimination or facts that indirectly show discrimination

by giving rise to a plausible inference of discrimination.” Id. at 87.

Plaintiff alleges that she declined to take the vaccine, which led to the termination of her

employer. However, she does not allege facts showing that her religion was the motivating factor

in the employment decision. Should she choose to proceed with a claim under Title VII, Plaintiff

must allege facts suggesting that her employer fired her because of her religion.

Individuals cannot be sued under Title VII

If Plaintiff chooses to pursue claims under Title VII, she should note that individuals are

not subject to liability under Title VII. See Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir.

2000); see also Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir. 1995) (“[I]ndividual

defendants with supervisory control over a plaintiff may not be held personally liable under Title

VII.”), abrogated on other grounds by Burlington Ind. v. Ellerth, 524 U.S. 742 (1998). However,

an individual “who actually participates in the conduct giving rise to the discrimination claim

may be held personally liable” under state law, such as the New York State Human Rights Law,

N.Y. Exec. Law §§ 290 to 297. Tomka, 66 F.3d at 1317; see Feingold v. New York, 366 F.3d 138,

158 n.19 (2d Cir. 2004). Therefore, if Plaintiff chooses to sue any individual defendant for

employment discrimination, she must allege facts explaining how each named individual

defendant actually participated in the conduct giving rise to her discrimination claims in

violation of state law.2

2 Under 28 U.S.C. § 1367(c)(3), a district court may decline to exercise supplemental

jurisdiction over state-law claims when it “ has dismissed all claims over which it has original

jurisdiction.” 28 U.S.C. § 1367(c)(3). Because it is not clear whether Plaintiff can state any

federal claims, the Court will determine at a later stage whether or not to exercise supplemental

jurisdiction over any state-law claims Plaintiff seeks to raise. See Martinez v. Simonetti, 202 F.3d

625, 636 (2d Cir. 2000) (directing dismissal of supplemental state-law claims where no federal

claims remained).

Exhaustion of administrative remedies

Before filing suit under Title VII, a plaintiff must file a timely charge with the Equal

Employment Opportunity Commission (EEOC) or appropriate state or local agency, and obtain a

Notice of Right to Sue from the EEOC. See 42 U.S.C. § 2000e-5(e)(1). A plaintiff must

commence a civil action within 90 days of receipt of notice of dismissal or termination of

proceedings by the EEOC. See id. § 2000e-5(f)(1); Baldwin Cnty. Welcome Ctr. v. Brown, 466

U.S. 147, 149 (1984).

The exhaustion of these administrative remedies is not, however, a jurisdictional

requirement, but rather, like a statute of limitations, is subject to waiver, estoppel, and equitable

tolling. See Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 (1982); see also Fort Bend

Cnty., Tex. v. Davis, 139 S. Ct. 1843, 1846 (2019) (“Title VII’s charge-filing instruction is not

jurisdictional. . . .”); Hardaway v. Hartford Public Works Dep’t, 879 F.3d 486, 491 (2d Cir.

2018) (“[T]he burden of pleading and proving Title VII exhaustion lies with defendants and

operates as an affirmative defense.”).

Plaintiff does not explain in her complaint whether she has done anything to pursue a

Title VII claim, including the exhaustion of her administrative remedies. If Plaintiff has

exhausted her administrative remedies with the EEOC, she should complete the relevant section

on the second amended complaint form, which includes questions addressing administrative

remedy exhaustion.

E. Plaintiff is granted leave to amend

The Court dismisses as parties from this action Plaintiff Warburton-El and the Moorish

Science Temple, and Defendants President Biden, and Justices Thomas, Alito, and Gorsuch. The

Court also dismisses Plaintiff’s RFRA and Free Exercise claims. The Court grants Plaintiff leave

to submit a second amended complaint to provide facts that may state a claim against the Floral

Agency under Title VII, or against any of the remaining defendants under any other relevant

statute. In the amended complaint, Plaintiff must describe what each defendant did or failed to do

to violate her rights. She should limit her assertions only to the facts leading to the termination of

her employment. If Plaintiff persists in naming in the second amended complaint any of the

parties that have been dismissed from this action, the Court will summarily dismiss the second

amended complaint.

In the “Statement of Claim” section of the second amended complaint form, Plaintiff

must provide a short and plain statement of the relevant facts supporting her employment

discrimination claims. Plaintiff should include all of the information in the second amended

complaint that Plaintiff wants the Court to consider in deciding whether the second amended

complaint states a claim for relief. That information should include:

a) the names and titles of all relevant people;

b) a description of all relevant events, including what each defendant did or failed to do,

the approximate date and time of each event, and the general location where each

event occurred;

c) a description of the injuries Plaintiff suffered; and

d) the relief Plaintiff seeks, such as money damages, injunctive relief, or declaratory

relief.

Essentially, Plaintiff’s second amended complaint should tell the Court: who violated her

federally protected rights; how, when, and where such violations occurred; and why Plaintiff is

entitled to relief.3

3 Plaintiff may consider contacting the New York Legal Assistance Group’s (“NYLAG”)

Legal Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal

clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil

lawsuits in this court. A copy of the flyer with details of the clinic is attached to this order. The

clinic is currently available only by telephone.

Because Plaintiff’s second amended complaint will completely replace, not supplement,

the amended complaint, any facts or claims that Plaintiff wants to include from the amended

complaint must be repeated in the second amended complaint.

CONCLUSION

The Court dismisses without prejudice all claims asserted on behalf of Lisa Warburton-El

and the Federation Moorish Science Temple of America. The Court also dismisses Plaintiff’s

claims against President Biden and Justices Thomas, Alito, and Gorsuch based on absolute

immunity.

Plaintiff is granted leave to file a second amended complaint that complies with the

standards set forth above. Plaintiff must submit the second amended complaint to this court’s Pro

Se Intake Unit within 30 days of the date of this order, caption the document as a “Second

Amended Complaint,” and label the document with docket number 22-CV-1472 (LTS). A Second

Amended Complaint for Employment Discrimination form and a Second Amended Civil Rights

Complaint form are attached to this order. Plaintiff must complete the form that is relevant to her

claims and submit it to the court. If Plaintiff fails to comply within the time allowed, and she

cannot show good cause to excuse such failure, this action will be dismissed for failure to state a

claim upon which relief may be granted.

The Court certifies under 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 an

appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant

demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: December 19, 2022

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

Notice For

Pro Se Litigants

As a public health precaution, the New York

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Litigants has temporarily suspended all in-

person client meetings as of Tuesday, March 17,

2020. =

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If you need the assistance of the clinic, please Be : □□

call 212-659-6190 and leave a message, too □□□

including your telephone number, and someone bee □□□

will get back to you as soon as possible. If you do i □□

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Write the full name of each plaintiff. CV.

(Include case number if one has been

assigned)

“against: Do you want a jury trial?

L1Yes LINo

Write the full name of each defendant. The names listed

above must be identical to those contained in Section I.

SECOND AMENDED

EMPLOYMENT DISCRIMINATION COMPLAINT

NOTICE

The public can access electronic court files. For privacy and security reasons, papers filed with

the court should therefore not contain: an individual's full social security number or full birth

date; the full name of a person known to be a minor; or a complete financial account number. A

filing may include only: the last four digits of a social security number; the year of an individual’s

birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule

of Civil Procedure 5.2.

Rev. 3/24/17

I. PARTIES

A. Plaintiff Information

Provide the following information for each plaintiff named in the complaint. Attach additional

pages if needed.

First Name Middle Initial Last Name

Street Address

County, City State Zip Code

Telephone Number Email Address (if available)

B. Defendant Information

To the best of your ability, provide addresses where each defendant may be served. If the

correct information is not provided, it could delay or prevent service of the complaint on the

defendant. Make sure that the defendants listed below are the same as those listed in the

caption. (Proper defendants under employment discrimination statutes are usually employers,

labor organizations, or employment agencies.) Attach additional pages if needed.

Defendant 1:

Name

Address where defendant may be served

County, City State Zip Code

Defendant 2:

Name

Address where defendant may be served

County, City State Zip Code

Defendant 3:

Name

Address where defendant may be served

County, City State Zip Code

II. PLACE OF EMPLOYMENT

The address at which I was employed or sought employment by the defendant(s) is:

Name

Address

County, City State Zip Code

Il. CAUSE OF ACTION

A. Federal Claims

This employment discrimination lawsuit is brought under (check only the options below

that apply in your case):

L] Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, for

employment discrimination on the basis of race, color, religion, sex, or national

origin

The defendant discriminated against me because of my (check only those that

apply and explain):

L] race:

CL] color:

L] religion:

Ll sex:

L] national origin:

Page 3

L] 42U.S.C. § 1981, for intentional employment discrimination on the basis of race

My race is:

[] Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 to 634, for

employment discrimination on the basis of age (40 or older)

I was born in the year:

L] Rehabilitation Act of 1973, 29 U.S.C. §§ 701 to 796, for employment

discrimination on the basis of a disability by an employer that constitutes a

program or activity receiving federal financial assistance

My disability or perceived disability is:

[] Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, for

employment discrimination on the basis of a disability

My disability or perceived disability is:

L] Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 to 2654, for

employment discrimination on the basis of leave for qualified medical or family

reasons

B. Other Claims

In addition to my federal claims listed above, I assert claims under:

L] New York State Human Rights Law, N.Y. Exec. Law §§ 290 to 297, for

employment discrimination on the basis of age, race, creed, color, national

origin, sexual orientation, military status, sex, disability, predisposing genetic

characteristics, marital status

L] New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 to 131, for

employment discrimination on the basis of actual or perceived age, race, creed,

color, national origin, gender, disability, marital status, partnership status,

sexual orientation, alienage, citizenship status

L] Other (may include other relevant federal, state, city, or county law):

Page 4

IV. STATEMENT OF CLAIM

A. Adverse Employment Action

The defendant or defendants in this case took the following adverse employment

actions against me (check only those that apply):

L] didnot hire me

[] terminated my employment

L] did not promote me

L] did not accommodate my disability

L] provided me with terms and conditions of employment different from those of

similar employees

L] retaliated against me

□□ harassed me or created a hostile work environment

L] other (specify):

B. Facts

State here the facts that support your claim. Attach additional pages if needed. You should

explain what actions defendants took (or failed to take) because of your protected

characteristic, such as your race, disability, age, or religion. Include times and locations, if

possible. State whether defendants are continuing to commit these acts against you.

As additional support for your claim, you may attach any charge of discrimination that you filed

with the U.S. Equal Employment Opportunity Commission, the New York State Division of

Human Rights, the New York City Commission on Human Rights, or any other government

agency.

Page 5

V. ADMINISTRATIVE PROCEDURES

For most claims under the federal employment discrimination statutes, before filing a lawsuit,

you must first file a charge with the U.S. Equal Employment Opportunity Commission (EEOC)

and receive a Notice of Right to Sue.

Did you file a charge of discrimination against the defendant(s) with the EEOC or any

other government agency?

L] Yes (Please attach a copy of the charge to this complaint.)

When did you file your charge?

[1] No

Have you received a Notice of Right to Sue from the EEOC?

L] Yes (Please attach a copy of the Notice of Right to Sue.)

What is the date on the Notice?

When did you receive the Notice?

[1] No

VI. RELIEF

The relief I want the court to order is (check only those that apply):

L] direct the defendant to hire me

L] direct the defendant to re-employ me

L] direct the defendant to promote me

L] direct the defendant to reasonably accommodate my religion

L] direct the defendant to reasonably accommodate my disability

L] direct the defendant to (specify) (if you believe you are entitled to money

damages, explain that here)

Page 6

VII. PLAINTIFF’S CERTIFICATION

By signing below, I certify to the best of my knowledge, information, and belief that:

(1) the complaint is not being presented for an improper purpose (such as to harass,

cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are

supported by existing law or by a nonfrivolous argument to change existing law; (3) the

factual contentions have evidentiary support or, if specifically so identified, will likely

have evidentiary support after a reasonable opportunity for further investigation or

discovery; and (4) the complaint otherwise complies with the requirements of Federal

Rule of Civil Procedure 11.

I agree to notify the Clerk's Office in writing of any changes to my mailing address. I

understand that my failure to keep a current address on file with the Clerk's Office may

result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to

proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated Plaintiff’s Signature

First Name Middle Initial Last Name

Street Address

County, City State Zip Code

Telephone Number Email Address (if available)

Ihave read the attached Pro Se (Nonprisoner) Consent to Receive Documents Electronically:

LlYes LINo

If you do consent to receive documents electronically, submit the completed form with your

complaint. If you do not consent, please do not attach the form.

Page 7

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Pro Se (Nonprisoner) Consent to Receive Documents Electronically

Parties who are not represented by an attorney and are not currently incarcerated may

choose to receive documents in their cases electronically (by e-mail) instead of by regular

mail. Receiving documents by regular mail is still an option, but if you would rather receive

them only electronically, you must do the following:

1. Sign up for a PACER login and password by contacting PACER! at

www.pacer.uscourts.gov or 1-800-676-6856;

2. Complete and sign this form.

If you consent to receive documents electronically, you will receive a Notice of Electronic

Filing by e-mail each time a document is filed in your case. After receiving the notice, you

are permitted one “free look” at the document by clicking on the hyperlinked document

number in the e-mail.* Once you click the hyperlink and access the document, you may not

be able to access the document for free again. After 15 days, the hyperlink will no longer

provide free access. Any time that the hyperlink is accessed after the first “free look” or the

15 days, you will be asked for a PACER login and may be charged to view the document. For

this reason, you should print or save the document during the “free look” to avoid future

charges.

IMPORTANT NOTICE

Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s

Electronic Case Filing Rules & Instructions, documents may be served by electronic means.

If you register for electronic service:

1. You will no longer receive documents in the mail;

2. Ifyou do not view and download your documents during your “free look” and

within 15 days of when the court sends the e-mail notice, you will be charged for

looking at the documents;

3. This service does not allow you to electronically file your documents;

4. It will be your duty to regularly review the docket sheet of the case.

1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that

allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER

Case Locator over the internet.

2 You must review the Court's actual order, decree, or judgment and not rely on the description in the email notice alone.

See ECF Rule 4.3

3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of

electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s

Office at the Court.

500 PEARL STREET | NEW YORK, NY 10007

300 QUARROPAS STREET | WHITE PLAINS, NY 10601

CONSENT TO ELECTRONIC SERVICE

I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I

affirm that:

1. I have regular access to my e-mail account and to the internet and will check regularly for

Notices of Electronic Filing;

2. I have established a PACER account;

3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil

Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper

copies of case filings, including motions, decisions, orders, and other documents;

4. I will promptly notify the Court if there is any change in my personal data, such as name,

address, or e-mail address, or if I wish to cancel this consent to electronic service;

5. I understand that I must regularly review the docket sheet of my case so that I do not miss a

filing; and

6. I understand that this consent applies only to the cases listed below and that if I file

additional cases in which I would like to receive electronic service of notices of documents, I

must file consent forms for those cases.

Civil case(s) filed in the Southern District of New York:

Note: This consent will apply to all cases that you have filed in this court, so please list all of

your pending and terminated cases. For each case, include the case name and docket number

(for example, John Doe v. New City, 10-CV-01234).

Name (Last, First, MI)

Address City State Zip Code

Telephone Number E-mail Address

Date Signature

Return completed form to:

Pro Se Intake Unit (Room 200)

500 Pearl Street

New York, NY 10007

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

_____CV_______________

(Include case number if one has been

Write the full name of each plaintiff.

assigned)

SECOND AMENDED

-against-

COMPLAINT

Do you want a jury trial?

☐ Yes ☐ No

Write the full name of each defendant. If you need more

space, please write “see attached” in the space above and

attach an additional sheet of paper with the full list of

names. The names listed above must be identical to those

contained in Section II.

NOTICE

The public can access electronic court files. For privacy and security reasons, papers filed

with the court should therefore not contain: an individual’s full social security number or full

birth date; the full name of a person known to be a minor; or a complete financial account

number. A filing may include only: the last four digits of a social security number; the year of

an individual’s birth; a minor’s initials; and the last four digits of a financial account number.

See Federal Rule of Civil Procedure 5.2.

I. BASIS FOR JURISDICTION

Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of

cases can be heard in federal court: cases involving a federal question and cases involving

diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United

States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332,

a case in which a citizen of one State sues a citizen of another State or nation, and the amount

in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may

be a citizen of the same State as any plaintiff.

What is the basis for federal-court jurisdiction in your case?

☐ Federal Question

☐ Diversity of Citizenship

A. If you checked Federal Question

Which of your federal constitutional or federal statutory rights have been violated?

B. If you checked Diversity of Citizenship

1. Citizenship of the parties

Of what State is each party a citizen?

The plaintiff , , is a citizen of the State of

(Plaintiff’s name)

(State in which the person resides and intends to remain.)

or, if not lawfully admitted for permanent residence in the United States, a citizen or

subject of the foreign state of

.

If more than one plaintiff is named in the complaint, attach additional pages providing

information for each additional plaintiff.

If the defendant is an individual:

The defendant, , is a citizen of the State of

(Defendant’s name)

or, if not lawfully admitted for permanent residence in the United States, a citizen or

subject of the foreign state of

.

If the defendant is a corporation:

The defendant, , is incorporated under the laws of

the State of

and has its principal place of business in the State of

or is incorporated under the laws of (foreign state)

and has its principal place of business in .

If more than one defendant is named in the complaint, attach additional pages providing

information for each additional defendant.

II. PARTIES

A. Plaintiff Information

Provide the following information for each plaintiff named in the complaint. Attach additional

pages if needed.

First Name Middle Initial Last Name

Street Address

County, City State Zip Code

Telephone Number Email Address (if available)

B. Defendant Information

To the best of your ability, provide addresses where each defendant may be served. If the

correct information is not provided, it could delay or prevent service of the complaint on the

defendant. Make sure that the defendants listed below are the same as those listed in the

caption. Attach additional pages if needed.

Defendant 1:

First Name Last Name

Current Job Title (or other identifying information)

Current Work Address (or other address where defendant may be served)

County, City State Zip Code

Defendant 2:

First Name Last Name

Current Job Title (or other identifying information)

Current Work Address (or other address where defendant may be served)

County, City State Zip Code

Defendant 3:

First Name Last Name

Current Job Title (or other identifying information)

Current Work Address (or other address where defendant may be served)

County, City State Zip Code

Defendant 4:

First Name Last Name

Current Job Title (or other identifying information)

Current Work Address (or other address where defendant may be served)

County, City State Zip Code

III. STATEMENT OF CLAIM

Place(s) of occurrence:

Date(s) of occurrence:

FACTS:

State here briefly the FACTS that support your case. Describe what happened, how you were

harmed, and what each defendant personally did or failed to do that harmed you. Attach

additional pages if needed.

INJURIES:

If you were injured as a result of these actions, describe your injuries and what medical

treatment, if any, you required and received.

IV. RELIEF

State briefly what money damages or other relief you want the court to order.

V. PLAINTIFF’S CERTIFICATION AND WARNINGS

By signing below, I certify to the best of my knowledge, information, and belief that: (1) the

complaint is not being presented for an improper purpose (such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported

by existing law or by a nonfrivolous argument to change existing law; (3) the factual

contentions have evidentiary support or, if specifically so identified, will likely have

evidentiary support after a reasonable opportunity for further investigation or discovery;

and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil

Procedure 11.

I agree to notify the Clerk's Office in writing of any changes to my mailing address. I

understand that my failure to keep a current address on file with the Clerk's Office may

result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to

proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated Plaintiff’s Signature

First Name Middle Initial Last Name

Street Address

County, City State Zip Code

Telephone Number Email Address (if available)

I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically:

☐ Yes ☐ No

If you do consent to receive documents electronically, submit the completed form with your

complaint. If you do not consent, please do not attach the form.