Shotwell v. State of Delaware
Filing
12
MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 11/22/2016. (cna)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARKJ. SHOTWELL,
Plaintiff,
Civil Action No. 16-441-RGA
V.
DELAWARE DEPARTMENT OF
JUSTICE, eta!.,
Defendants.
Mark J. Shotwell, Newark, Delaware. Pro Se Plaintiff.
MEMORANDUM OPINION
November
2016
Wilmington, Delaware
ANDREWS; U.S. Distric^ Judge:
Plaintiff Mark J. Shotwell filed this action alleging violations of his constitutional
rights, presumably pursuant to 42 U.S.C. § 1983. He appears pro se and has been
granted leave to proceed in forma pauperis. (D.I. 4). The Court reviewed and scree'ned
the original complaint pursuant to 28 U.S.C. § 1915(e)(2) and gave Plaintiff leave to |
amend to name the correct defendants. (See D.I. 2, 9, 10). He filed an amended
complaint on OctoberSI, 2016. (D.I. 11).
INTRODUCTION
The amended complaint names newly added Defendants Delaware Department
of Justice, Middletown Police Department, Officer Jordan Douglass, Officer Michele
Wharton, and Detective Stafford. Plaintiff will be allowed to proceed against Middletown
Police Department, Officer Jordan Douglass, Officer Michele Wharton, and Detective
Stafford. For the reasons discussed, the Delaware DOJ will be dismissed as immune
from suit.
DISCUSSION
A federal court may properly dismiss an action sua sponte under the screenihg
provisions of 28 U.S.C. §1915(e)(2)(B) if "the action is frivolous or malicious, fails t|)
state aclaim upon which relief may be granted, or seeks monetary relief from a |
defendant who is immune from such relief." Ball v. Famlglio, 726 F.3d 448, 452 (3d Cir.
2013). The Court must accept all factual allegations in a complaint as true and take
them in the light most favorable to apro se plaintiff. Phillips v. County ofAlleghen),, 515
F.3d 224, 229 (3d Cir. 2008); Erickson v. Pardus, 551 U.S. 89, 93 (2007). Because
1
Plaintiff proceeds pro se, his pleading is liberally construed and his complaint, "howler
inartfully pleaded, must be held to less stringent standards than formal pleadings
drafted by lawyers." Erickson v. Pardus, 551 U.S. at 94 (citations omitted).
An action is frivolous if it "lacks an arguable basis either in law or in fact."
Neitzke v. Williams, 490 U.S. 319, 325 (1989). Under28 U.S.C. § 1915(e)(2)(B)(i), ^
court may dismiss a complaint as frivolous if it is "based on an indisputably meritless
legal theory" or a "clearly baseless" or "fantastic or delusional" factual scenario.
Neitzke, 490 U.S. at 327-28; Wilson v. Rackmill, 878 F.2d 772, 774 (3d Cir. 1989).
The legal standard for dismissing a complaint forfailure to state a claim pursiiant
to § 1915(e)(2)(B)(ii) is identical to the legal standard used when ruling on Rule 12(b)(6)
motions. Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999) (applying Fed.
Civ. P. 12(b)(6) standard to dismissal for failure to state a claim under§ 1915(e)(2)(l3))
However, before dismissing a complaint or claims for failure to state a claim upon which
relief may be granted pursuant to the screening provisions of 28 U.S.C. § 1915, the
Court must grant Plaintiff leave to amend his complaint unless amendment would be
inequitable or futile. See Grayson v. Mayview State Hosp., 293 F.3d 103,114 (3d Cir
2002).
Awell-pleaded complaint must contain more than mere labels and conclusiorts
See Ashcroft V. Iqbal, 556 U.S. 662 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 54^
(2007). A plaintiff must plead facts sufficientto show that a claim has substantive
plausibility. See Johnson v. City of Shelby,
U.S.
, 135 S.Ct. 346, 347 (2014). A,
complaint may not dismissed, however, for imperfect statements of the legal theory
supporting the claim asserted. See id. at 346.
A court reviewing the sufficiency of a complaint must take three steps: (1) take
note of the elements the plaintiff must plead to state a claim; (2) identify allegations lhat,
because they are no more than conclusions, are not entitled to the assumption of trtth;
and (3) when there are well-pleaded factual allegations, the court should assume the sir
veracity and then determine whether they plausibly give rise to an entitlement to reliejf.
Connelly v. Lane Constr. Corp., 809 F.3d 780, 787 (3d Cir. 2016) (intemal citations and
quotations omitted). Elements are sufficiently alleged when the facts in the complaint
"show" that the plaintiff is entitled to relief. Iqbal, 556 U.S. at 679 (quoting Fed. R. Civ.
P. 8(a)(2)). Deciding whether a claim is plausible will be a "context-specific task thai
requires the reviewing court to draw on its judicial experience and common sense." id.
Plaintiff has named the Delaware DOJ as a defendant. The Eleventh
Amendment protects states and their agencies and departments from suit in federal
court regardless of the kind of relief sought. Pennhurst State School &Hosp. v.
Halderman, 465 U.S. 89,100 (1984). "Absent a state's consent, the Eleventh
Amendment bars a civil rights suit in federal court that names the state as a defendant."
Laskaris v. Thornburgh, 661 F.2d 23, 25 (3d Cir. 1981) (citing Alabama v. Pugh, 438
U.S. 781 (1978)). Delaware has not waived its immunity from suit in federal court;
although Congress can abrogate a state's sovereign immunity, it did not do so through
the enactment of 42 U.S.C. § 1983. See Brooks-McCollum v. Delaware, 213 F. App'x
92, 94 (3d Cir. 2007).
The Delaware DOJ is immune from suit. Therefore it will be dismissed as a
defendant pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii).
CONCLUSION
For the above reasons, the Court will: (1) dismiss the Delaware DOJ as it is
immune from suit pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii); and (2) allow Plaintiffto
proceed against Middletown Police Department, Officer Jordan Douglass, Officer
Michele Wharton, and Detective Stafford.
An appropriate order will be entered.
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