Khatri v. Dearborn Public School District
Filing
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ORDER Striking Filings and Permitting Plaintiff to File an Amended Complaint. Signed by District Judge F. Kay Behm. (KMac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AZAZHUSEN KHATRI, Estate,
Case No. 23‐12874
Plaintiff,
F. Kay Behm
v.
United States District Judge
DEARBORN PUBLIC SCHOOLS DISTRICT,
et. al.,
Defendants.
___________________________ /
ORDER STRIKING FILINGS AND PERMITTING
PLAINTIFF TO FILE AN AMENDED COMPLAINT
Plaintiff, the Estate of Azazhusen Khatri, proceeding pro se, filed a
complaint against Defendant Dearborn Public Schools District on November 13,
2023. (ECF No. 1). Plaintiff alleges that Defendant engaged in bullying and sexual
harassment of their minor daughter at school, resulting in a number of violations
of their constitutional rights, as well as violations of federal and state statutes. Id.
The court first notes that the initial complaint and all related exhibits improperly
disclose the full name of Plaintiff’s minor daughter, in violation of Federal Rule of
Civil Procedure 5.2(a). Accordingly, the court will STRIKE Plaintiff’s complaint as
improperly filed.
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Further, pursuant to Federal Rule of Civil Procedure 8(a), a party’s
complaint must include “a short and plain statement of the claim showing that
the pleader is entitled to relief.” See Bell Atlantic Corp. v. Twombly, 550 U.S. 544,
545 (2007) (the complaint must provide “a short and plain statement showing
that the pleader is entitled to relief,” in order to “give the defendant fair notice of
what the … claim is and the grounds upon which it rests.”); Ashcroft v. Iqbal, 556
U.S. 662, 677 (2009) (A complaint must “contain[] sufficient factual matter,
accepted as true, to state a claim to relief that is plausible on its face.”). While a
pro se pleading is held to a less stringent standard than formal pleadings drafted
by lawyers, a pro se plaintiff must still satisfy the “facial plausibility” standard of
Iqbal and Twombly. Smith v. City of Cleveland, 2014 WL 639833, at *2 (N.D. Ohio
Feb. 18, 2014) (citing Stanley v. Vining, 602 F.3d 767, 771 (2010)).
The full statement of Plaintiff’s claim is as follows: “COMES NOW,
PLAINTIFF and files ITS Complaint against the DEFENDANT pursuant to F.R.C.P. 3
for in school Bullying and Sexual Harassments against our daughter [REDACTED],
Estate which created the following violations…” (ECF No. 1, PageID.1). Plaintiff
then lists 13 different statutes and constitutional provisions that have allegedly
been violated, but fails to directly allege any facts showing how they have been
violated. Id. Plaintiff attaches a number of exhibits to the complaint that appear
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to detail many of the relevant circumstances, but this does not alleviate Plaintiff’s
duty to state the relevant facts of the case directly in their complaint. See Fed. R.
Civ. P. 8(a) (a complaint must include “a short and plain statement of the claim
showing that the pleader is entitled to relief.”). Additionally, the complaint fails
to detail how Plaintiff’s rights have been violated, as opposed to their minor
daughter’s.1
Fed. R. Civ. P. 15(a)(2) states that courts should grant leave to amend a
complaint “when justice so requires.” Plaintiff has not yet filed an amended
complaint. In the court’s view, under the present circumstances, allowing Plaintiff
an opportunity to amend serves the ends of justice. Accordingly, without
expressing any view regarding the merits of Plaintiff’s claims, the court will afford
Plaintiff the opportunity to cure any purported deficiencies by filing an amended
complaint. The court ORDERS that any amended complaint must be filed within
14 days of entry of this Order. Plaintiff’s amended complaint must also correctly
abbreviate the names of any minors.
SO ORDERED.
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If it is Plaintiff’s minor daughter whose rights have allegedly been violated, Plaintiff
must seek appointment as the next friend of the minor plaintiff, who does not have capacity to
sue on her own behalf. See Fed. R. Civ. P. 17(b)(3); Allen v. City of Detroit, No. 20‐11489, 2020
WL 6685089, at *1 (E.D. Mich. Nov. 11, 2020).
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Date: November 14, 2023
s/ F. Kay Behm
F. Kay Behm
United States District Judge
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