Opinion

Zaza v. OK Bureau of VA

Court
District Court, W.D. Oklahoma
Filed
Jan 26, 2023
Cited by
0 cases
Authority
More cited than 28.6%

Eleventh Amendment bars a federal suit against a state agency regardless of the type of relief sought

How later courts described this case

  • Eleventh Amendment bars a federal suit against a state agency regardless of the type of relief sought
  • “[A] court may raise the issue of Eleventh-Amendment immunity sua sponte but, unlike subject- matter jurisdiction, is not obligated to do so.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

ALI S. ZAZA, )

)

Plaintiff, )

)

-vs- ) Case No. CIV-23-75-F

)

OK BUREAU OF V.A., )

)

Defendant. )

ORDER

Plaintiff Ali S. Zaza, appearing pro se, has filed a complaint naming OK

Bureau of V.A. as defendant.1 Upon review of the complaint, it appears Mr. Zaza is

seeking to sue the Oklahoma Department of Veterans Affairs. He claims as follows:

The OK B VA Rep on October 15, 2021 called and

suggested I drop the appeal telling me that if I won the

appeal, I would not get an increase in VA comp. [T]his is

deceiving and malice. . . The fact is that I wou[l]d get VA

comp from the date of [initial filing in] 2004 [until] 2018.

This fact was concealed and it was admitted by the Rep

who called today trying to convince me to drop another

appeal on Feb. 2023. The Board of Appeal reminded me

to show up for Jan. 2022 appeal which I did in Muskogee

to be told I have no docket case[.] An OK [B] VA Rep

should not cheat veterans out of their entitlement. Deja vu

1800 “indian agents[.]”

Doc. no. 1, ECF p. 5.

1 Mr. Zaza has utilized the court’s form Complaint for a Civil Case.

As relief, Mr. Zaza requests an order for his appeal to be reinstated, that

defendant’s representative cease to try to convince veterans to drop their appeals,

and recovery of court costs and fees.

“Federal courts are courts of limited jurisdiction, and as such, must have a

statutory basis to exercise jurisdiction.” Montoya v. Chao, 296 F.3d 952, 955 (10th

Cir. 2002). The basic statutory grants of federal-court subject-matter jurisdiction are

contained in 28 U.S.C. § 1331 and 28 U.S.C. § 1332. Arbaugh v. Y&H Corp., 546

U.S. 500, 513 (2006). Section 1331 provides for federal-question jurisdiction, which

exists if a plaintiff pleads a colorable claim arising under the Constitution or laws of

the United States. Id. Section 1332 provides for diversity jurisdiction, which exists

if a plaintiff presents a claim between parties of diverse citizenship that exceeds the

required jurisdictional amount, currently $75,000. Id.

In his complaint, Mr. Zaza invokes federal-question jurisdiction as the basis

for federal-court subject-matter jurisdiction. He lists one federal statute, 18 U.S.C.

§ 1001 (false or fraudulent statements in any matter within the jurisdiction of the

federal government), as the statute at issue. However, that statute is a criminal

statute, which does not provide a private right of action for Mr. Zaza. Clements v.

Chapman, 189 Fed. Appx. 688, 692 (10th Cir. 2006) (unpublished case cited as

persuasive pursuant to 10th Cir. R. 32.1(A)); Weiss v. Sawyer, 28 F. Supp. 2d 1221,

1227 (W.D. Okla. 1997). Thus, the criminal statute does not confer federal-question

jurisdiction for this lawsuit. Greene v. Tennessee Board of Judicial Conduct, 693

Fed. Appx. 782, 783 (10th Cir. 2017) (unpublished case cited as persuasive pursuant

to 10th Cir. R. 32.1(A)).

Although not invoked by Mr. Zaza, the court concludes that diversity

jurisdiction does not exist as a basis for federal-court jurisdiction. A state is not a

“citizen” for purposes of diversity jurisdiction. Moor v. Alameda County, 411 U.S.

693, 717 (1973). Because the Oklahoma Department of Veterans Affairs, created

by 72 O.S. § 63.1, is an arm of the state, it also is not a “citizen” for purposes of

diversity jurisdiction. Dougherty v. University of Oklahoma Bd. of Regents, 415

Fed. Appx. 23, 25 (10 Cir. 2011) (unpublished case cited as persuasive pursuant to

10" Cir. R. 32.1(A)).

Courts “have an independent obligation to determine whether subject-matter

jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh,

546 U.S. at 514. “[W]hen a federal court concludes that it lacks subject-jurisdiction,

the court must dismiss the complaint in its entirety.” Id.

The court concludes that it lacks subject-matter jurisdiction over Mr. Zaza’s

complaint and action. Therefore, the court finds that Mr. Zaza’s complaint and

action must be dismissed without prejudice.”

Accordingly, plaintiff Ali S. Zaza’s complaint and action is DISMISSED

WITHOUT PREJUDICE for lack of subject-matter jurisdiction. A judgment will

be entered separately.

DATED this 26" day of January, 2023.

STEPHEN P. FRIOT

UNITED STATES DISTRICT JUDGE

23-0075p001.docx

? Even if the court had federal-court subject-matter jurisdiction over Mr. Zaza’s complaint and

action, Mr. Zaza’s complaint and action against the Oklahoma Department of Veterans Affairs

would be barred by the Eleventh Amendment. See, ANR Pipeline Co. v. Lafaver, 150 F.3d 1178,

1187 (10" Cir. 1998) (Eleventh Amendment bars a federal suit against a state agency regardless

of the type of relief sought), overruled on other grounds by Hill v. Kemp, 478 F.3d 1236, 1259

(10" Cir. 2007); see also, U.S. ex rel. Burlbaw v. Orenduff, 548 F.3d 931, 942 (10" Cir. 2008)

(“[A] court may raise the issue of Eleventh-Amendment immunity sua sponte but, unlike subject-

matter jurisdiction, is not obligated to do so.”).

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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