HARDEN v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION

Filing 10

Entry and Order Directing Dismissal of Action - The complaint fails to state a plausible claim for relief. Dismissal of the action pursuant to 28 U.S.C. 1915A(b) is therefore mandatory. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 2/27/2012.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GABRIEL HARDEN,

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Plaintiff,
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vs.
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INDIANA FAMILY AND SOCIAL
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SERVICES ADMINISTRATION,
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Defendant. )

1:11-cv-1682-TWP-TAB

Entry and Order Directing Dismissal of Action
Gabriel Harden supplemented his complaint as directed in the Entry of
January 10, 2012. Even as supplemented, however, for the reasons explained in
that Entry the complaint fails to state a plausible claim for relief under either the
Freedom of Information Act or the Privacy Act. Ashcroft v. Iqbal, 129 S. Ct. 1937,
1949 (2009)(“A claim has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged.”).
Dismissal of the action pursuant to 28 U.S.C. ' 1915A(b) is therefore
mandatory, Gladney v. Pendleton Corr. Facility, 302 F.3d 773, 775 (7th Cir. 2002).
This disposition is unaffected by the addition in Harden’s supplement of a reference
to Indiana’s Access to Public Records Act, (“IAPRA”) IND. CODE ' 5-14-3-1 et seq..
There is no federal question associated with an action under the IAPRA statute,
because “the Eleventh Amendment bars an action in federal court against a state,
its agencies, or its officials in their official capacity” unless the state consents to suit

in federal court or Congress, pursuant to the Fourteenth Amendment, abrogates the
state's Eleventh Amendment immunity, Gossmeyer v. McDonald, 128 F.3d 481,
487 (7th Cir. 1997)(citing cases), and because this is not a case in which the
retention of a state law claim--added in the supplement--pursuant to the court’s
supplemental jurisdiction would be appropriate.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

02/27/2012
Date: _________________
Distribution:
Gabriel Harden
08773-028
Miami Federal Detention Center
P.O. Box 019120
Miami, FL 33131

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana