Opinion

Friedmann v. Franklin Pierce Public Schools

Court
District Court, W.D. Washington
Filed
Jan 18, 2023
Cited by
0 cases
Authority
More cited than 32.4%

The opinion

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

AT TACOMA

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MICHAEL FRIEDMANN, CASE NO. 3:22-cv-06010-LK

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Plaintiff, ORDER TO SHOW CAUSE

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13 FRANKLIN PIERCE PUBLIC SCHOOLS,

et al.,

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Defendants.

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This matter comes before the Court on pro se Plaintiff Michael Friedmann’s complaint.

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Dkt. No. 5. United States Magistrate Judge David W. Christel granted Mr. Friedmann’s application

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to proceed in forma pauperis but recommended that the complaint be reviewed under 28 U.S.C.

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§ 1915(e)(2)(B) before issuance of summons. Dkt. No. 4.

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Federal courts are courts of limited jurisdiction, and they “possess only that power

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authorized by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375,

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377 (1994). This means that the Court can only hear certain types of cases. Home Depot U.S.A.,

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Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019). The typical bases for federal jurisdiction are

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1 established where (1) the complaint presents a federal question “arising under the Constitution,

2 laws, or treaties of the United States” or (2) where the parties are diverse (e.g., residents of different

3 states) and the amount in controversy exceeds $75,000. 28 U.S.C. §§ 1331, 1332. The Court must

4 dismiss the action if it “determines at any time that it lacks subject-matter jurisdiction” over a case.

5 Fed. R. Civ. P. 12(h)(3). In addition, under 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss

6 plaintiffs’ complaints if their claims (1) are frivolous or malicious, (2) fail to state a claim upon

7 which relief may be granted, or (3) seek monetary relief from a defendant who is immune from

8 such relief. The party asserting jurisdiction has the burden of establishing it. See United States v.

9 Orr Water Ditch Co., 600 F.3d 1152, 1157 (9th Cir. 2010).

10 Mr. Friedmann alleges that after he worked as a substitute teacher for Franklin Pierce

11 Public Schools, teacher Jayne Marshal filed a complaint accusing him of referring to Black

12 students as “coco puffs” and being a “white supremacist” based on his tattoos. Dkt. No. 5 at 6. He

13 claims that in making and investigating that complaint, Ms. Marshal, Human Resources Director

14 Brandy Marshall, and Franklin Pierce Public Schools subjected him to “defamation, libel and

15 slander,” violated his First Amendment rights, and discriminated against and harassed him in

16 violation of the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of

17 1964 (“Title VII”). Id. at 6–7; see also id. at 6 (stating that he is “100% Latino” and “100%

18 disabled”).

19 Mr. Friedmann’s allegations against the State of Washington, its Office of Superintendent

20 of Public Instruction, Superintendent Chris Reykdal, the United States of America, and the United

21 States Department of Education are far less specific. He does not allege that any of those

22 defendants employed him, discriminated against him, or took any action based on his speech. See

23 id. at 7. Instead, Mr. Friedmann claims that those state and federal defendants failed to oversee

24 Franklin Pierce Public Schools. Id. (alleging that the state defendants “are directly responsible for

1 ensuring that public schools and public educators do not violate” Title VII, the ADA, and the First

2 Amendment); id. (alleging that the federal defendants “are also directly responsible for funding

3 and failing to ensure that public schools provide safe environments free of discriminatory

4 behaviors and practices”). But he does not allege that the “Constitution, laws, or treaties of the

5 United States,” 28 U.S.C. § 1331, or any other laws require them to do so. The complaint, even

6 when liberally construed, fails to show that the Court has subject matter jurisdiction over any claim

7 against those defendants. The Court also notes that a plaintiff suing the United States must identify

8 an unequivocal waiver of its sovereign immunity. Blue v. Widnall, 162 F.3d 541, 544 (9th Cir.

9 1998). Therefore, the complaint’s allegations against the federal and state defendants fail to

10 identify a basis for the Court’s subject matter jurisdiction.

11 In addition to those deficiencies, the complaint fails to state a claim upon which relief can

12 be granted against the federal or state defendants. A complaint “must contain sufficient factual

13 matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

14 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). But the

15 complaint is devoid of factual allegations against the federal and state defendants.

16 Accordingly, Mr. Friedmann is ORDERED TO SHOW CAUSE why his claims against

17 the State of Washington, the Office of Superintendent of Public Instruction, Superintendent Chris

18 Reykdal, the United States of America, and the United States Department of Education should not

19 be dismissed for lack of subject matter jurisdiction and failure to state a claim. Mr. Friedmann

20 shall, within thirty (30) days of the date of this Order, file an amended complaint that provides a

21 short and plain statement of the factual basis for each of the claims against each defendant as

22 required by Federal Rule of Civil Procedure 8 and identifies the basis for the Court’s subject matter

23 jurisdiction, including any waiver of sovereign immunity by the United States. Such amended

24 complaint operates as a complete substitute for an original pleading. See Ferdik v. Bonzelet, 963

1 F.2d 1258, 1262 (9th Cir. 1992). For that reason, any amended complaint must clearly identify the

2 defendant(s), the claim(s) asserted, the specific facts that Mr. Friedmann believes support each

3 claim, and the specific relief requested. If a proper amended complaint is not filed within thirty

4 (30) days of the date of this Order, the claims against the federal and state defendants will be

5 dismissed without prejudice, and Mr. Friedmann may be allowed to proceed only against Franklin

6 Pierce Public Schools, Brandy Marshall, and Jayne Marshal.

7 The Clerk is directed to send uncertified copies of this Order to all counsel of record and

8 to Mr. Friedmann at his last known address, and to place this Order to Show Cause on the Court’s

9 calendar for February 17, 2023.

10 Dated this 18th day of January, 2023.

11 A

12 Lauren King

United States District Judge

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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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