ALI et al v. ATLANTICARE REGIONAL MEDICAL CENTER
Filing
2
OPINION FILED. Signed by Judge Robert B. Kugler on 8/14/17. (js)
NOT FOR PUBLICATION
(Doc. No. 1)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
____________________________________
:
Truth ALI, et al.,
:
:
Plaintiff(s), :
Civil No. 17-1766 (RBK/JS)
:
v.
:
Opinion
:
ATLANTICARE REGIONAL
:
MEDICAL CENTER,
:
:
Defendant.
:
___________________________________ :
KUGLER, United States District Judge:
Plaintiffs Truth Ali, Tanya Dickie, and T.A. (“Plaintiffs”) are proceeding pro se on
claims that appear to arise under the Fourteenth Amendment of the United States Constitution,
against AtlantiCare Regional Medical Center (“Defendant”). Plaintiffs’ application to proceed in
forma pauperis will be granted based on the information provided therein and the Clerk will be
ordered to file the Complaint. The Court must now review the Complaint pursuant to 28 U.S.C. §
1915(e)(2)(B) to determine whether it should be dismissed as frivolous or malicious, for failure
to state a claim upon which relief may be granted, or because it seeks monetary relief from a
defendant who is immune from suit. For the reasons set forth below, the Complaint will be
DISMISSED.
I.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Plaintiffs Truth Ali and Tanya Dickie bring this matter against AtlantiCare Regional
Medical Center arising from the birth of their child, T.A. They assert that Defendant failed to
properly issue T.A.’s birth certificate because Defendant refused to use a birth record prepared
1
by Plaintiffs. Id. at 3–4. Plaintiffs’ document states that the child is a national of Moorish
America and not subject to the sovereignty of the United States.1 Id. Ex. A. On March 16, 2017,
Plaintiffs brought the present Complaint before this Court, apparently asserting that Defendant
discriminated against them based on national origin (Doc. No. 1).
II.
LEGAL STANDARD
When evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6),
“courts accept all factual allegations as true, construe the complaint in the light most favorable to
the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff
may be entitled to relief.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009)
(quoting Phillips v. Cty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)). A complaint survives a
motion to dismiss if it contains sufficient factual matter, accepted as true, to “state a claim to
relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). It
is not for courts to decide at this point whether the non-moving party will succeed on the merits,
but “whether they should be afforded an opportunity to offer evidence in support of their
claims.” In re Rockefeller Ctr. Props., Inc. Sec. Litig., 311 F.3d 198, 215 (3d Cir. 2002). While
“detailed factual allegations” are not necessary, a “plaintiff’s obligation to provide the grounds of
his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of
the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (internal quotations
omitted); see also Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009).
1
The birth document prepared by Plaintiffs is drafted in a style indicating they are affected by or
share in “Moorish,” “Marrakush,” “Murakush,” or akin perceptions, which often coincide with
“redempotionist” and/or “sovereign citizen” socio-political beliefs. See El Ameen Bey v. Stumpf,
825 F. Supp. 2d 537, 539–43 (D.N.J. 2011) (summarizing such schools of belief).
2
III.
DISCUSSION
The Equal Protection Clause provides that no state shall “deny to any person within its
jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV. This is not a command
that all persons be treated alike, but rather a direction that all persons similarly situated be treated
alike. See City of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985). “The central
purpose of the Equal Protection Clause of the Fourteenth Amendment is the prevention of
official conduct discriminating on the basis of race.” Washington v. Davis, 426 U.S. 229, 239
(1976), or any other suspect classification. To make a claim of selective enforcement under the
Equal Protection Clause, a plaintiff must prove that the defendant’s actions (1) had a
discriminatory effect and (2) were motivated by a discriminatory purpose. Vill. of Arlington
Heights v. Metro. Housing Dev. Corp., 429 U.S. 252, 264–66 (1977). A showing of
discriminatory effect requires a showing that the plaintiff was a member of a protected class, and
that he was treated differently from those similarly situated who were not in that protected class.
Bradley v. United States, 299 F.3d 197, 205–06 (3d Cir. 2002).
Plaintiffs fail to show both prongs. In determining whether Defendant’s refusal to accept
Plaintiffs’ birth document had a discriminatory effect, the Court notes that national origin is
indeed a suspect class. Clark v. Jeter, 486 U.S. 456, 461 (1988). However, the Complaint does
not explain how Plaintiffs were treated differently from similarly situated persons outside their
class. Support for the second prong is likewise lacking. Plaintiffs do not articulate any allegations
as to Defendant’s discriminatory purpose. Because there is a possibility Plaintiffs could amend
the Complaint to state a plausible claim for relief, the Court dismisses the Complaint without
prejudice.
3
IV.
CONCLUSION
For the foregoing reasons, Plaintiffs’ application to proceed without prepayment of fees
and costs is GRANTED. Plaintiffs’ Complaint is DISMISSED WITHOUT PREJUDICE.
Dated:
8/14/2017
s/ Robert B. Kugler
ROBERT B. KUGLER
United State District Judge
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?