BROWN v. HILL et al
Filing
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MEMORANDUM OPINION AND ORDER granting 47 Plaintiff's Motion to Reopen Case; denying without prejudice 47 Plaintiff's Motion for Leave to File a second amended complaint; vacating the court's March 28, 2016 Memorandum Opinion and Order (ECF Nos. 40-41); and appointing counsel to represent Plaintiff. Proceedings are STAYED pending entry of counsel's appearance. Signed by Judge Tanya S. Chutkan on 3/19/18. (ms) Modified event title on 3/20/2018 (znmw).
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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MELVIN BROWN,
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Plaintiff,
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v.
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SANDRA HILL, et al.,
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Defendants.
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___________________________________ )
Civil Action No. 14-0140 (TSC)
MEMORANDUM OPINION AND ORDER
On March 28, 2016, this Court granted Defendants’ motions and dismissed the pro se
Plaintiff’s first amended complaint. Plaintiff appealed, and the United States Court of Appeals
for the District of Columbia Circuit remanded the case “for the district court to determine
whether [Plaintiff] should have been allowed to file the second amended complaint that [was]
attached to his brief and, if so, for further proceedings concerning the complaint.” Brown v. Hill,
686 F. App’x 6, 7 (D.C. Cir. 2017) (per curiam). The brief to which the D.C. Circuit refers has
been docketed as Plaintiff’s motion to reopen the case and for leave to file a second amended
complaint (ECF No. 47). The court has reviewed Plaintiff’s submissions and Defendants’
oppositions (ECF Nos. 52-53), and hereby GRANTS the motion in part and DENIES the motion
in part.
Plaintiff no longer may amend his complaint as of right. See Fed. R. Civ. P. 15(a).
Absent Defendants’ written consent, the sole means by which he may file a second amended
complaint is by leave of the court. See Fed. R. Civ. P. 15(a)(2). The decision to grant or deny
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leave to amend a complaint “is committed to a district court’s discretion.” Firestone v.
Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996). “The court should freely give leave when
justice so requires,” Fed. R. Civ. P. 15(a)(2), “in the absence of undue delay, bad faith, undue
prejudice to the opposing party, repeated failure to cure deficiencies, or futility,” Richardson v.
United States, 193 F.3d 545, 548-49 (D.C. Cir. 1999) (citing Foman v. Davis, 371 U.S. 178, 182
(1962)). “An amendment would be futile if it merely restates the same facts as the original
complaint in different terms, reasserts a claim on which the court previously ruled, fails to state a
legal theory, or could not withstand a motion to dismiss.” Robinson v. Detroit News, Inc., 211 F.
Supp. 2d 101, 114 (D.D.C. 2002) (citation omitted). If the proposed amended complaint would
not survive a motion to dismiss, the court may deny leave to amend as futile. See In re
InterBank Funding Corp. Sec. Litigation, 629 F.3d 213, 218 (D.C. Cir. 2010); James Madison
Ltd. by Hecht v. Ludwig, 82 F.3d 1085, 1099 (D.C. Cir. 1996).
The court is mindful of its obligation to construe this pro se Plaintiff’s submissions
liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam). As this court discussed
in its prior opinion, Plaintiff received services from Defendants, who allegedly disclosed his
protected mental health information and caused his involuntary hospitalization in January 2011.
(ECF No. 40). Plaintiff’s proposed second amended complaint appears to focus less on the
improper disclosure, and more on the role of the District of Columbia government employees in
bringing about his involuntary hospitalization. While Plaintiff appears to reassert some claims
he previously raised against the current defendants, he names two new defendants: Officer Isha
Edwards, the author of a report concluding that Plaintiff should have been detained for
emergency observation and diagnosis, and Bill Peters, the District of Columbia Department of
Behavioral Health employee allegedly responsible for Plaintiff’s involuntary hospitalization.
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Unfortunately, however, Plaintiff’s proposed second amended complaint is hardly the
short and plain statement of claim contemplated in Federal Rule of Civil Procedure 8(a). It is
rambling and disorganized; as drafted, it fails to give fair notice to Defendants of the claims
being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to
determine whether the doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498
(D.D.C. 1977). Without clearly abandoning any claims he may have raised in his first amended
complaint, Plaintiff appears to raise new claims, including claims under the Fourth and Fifth
Amendments to the United States Constitution. Thus, the court cannot conclude that the
proposed amendments to Plaintiff’s complaint are futile. Nor can the Court expect Defendants,
old and new, to prepare an appropriate response to the proposed second amended complaint in its
current form.
Accordingly, it is hereby ordered that:
1. The court’s March 28, 2016 Memorandum Opinion and Order (ECF Nos. 40-41) are
VACATED;
2. Plaintiff’s motion to reopen the case and file his second amended complaint (ECF No.
47), is GRANTED in part and DENIED in part. The motion is GRANTED as to
Plaintiff’s request to reopen this case, and DENIED WITHOUT PREJUDICE as to his
request to amend his complaint;
3. Pursuant to Local Civil Rule 83.11, the Clerk of Court shall appoint counsel to represent
Plaintiff in this action for all purposes; and
4. All proceedings in this matter are STAYED pending entry of counsel’s appearance. 1
Notwithstanding the stay of proceedings, upon entry of his or her appearance, Plaintiff’s
counsel may file a motion for leave to amend the complaint.
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The Clerk of Court shall mail a copy of this Memorandum Opinion and Order to:
Mr. Melvin Brown
2700 Jasper Street SE #322
Washington, DC 20020
Date: March 19, 2018
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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