Prewett et al v. Weems
Filing
7
MEMORANDUM OPINION AND ORDER, DENYING 5 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Stanley Weems. C/MSigned by District Judge J Ronnie Greer on 11-1-11. (FMM )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
J.W., (dob: xx/xx/1994) a minor, b/n/f and
mother, TERESA PREWETT,
Plaintiffs,
vs.
STANLEY WEEMS,
Defendant.
)
)
)
)
)
)
NO: 2:11-CV-290
MEMORANDUM OPINION AND ORDER
Plaintiffs bring suit pursuant to 18 U.S.C. § 2255 for personal injury suffered by the minor
plaintiff for alleged acts committed by the defendant in violation of 18 U.S.C. § 2251, et seq. and
18 U.S.C. § 2252A, et seq. Before the Court is the motion to dismiss of the defendant pursuant to
Rule 12(b), Federal Rules of Civil Procedure, on the basis that the Court lacks subject matter
jurisdiction and the complaint fails to state a claim upon which relief can be granted, [Doc. 5]. More
specifically, the defendant asserts that 18 U.S.C. § 2255 does not create a civil cause of action which
can be maintained by a private litigant but rather simply authorizes the Court to order restitution as
part of the judgment in a criminal case. Plaintiffs have responded in opposition to the motion, [Doc.
6] and, for the reasons which follow, the defendant’s pro se motion will be DENIED.
Defendant’s motion, unaccompanied by any memorandum in support, fails for a simple
reason. The statute in question, 18 U.S.C. § 2255, by its explicit terms, authorizes civil actions for
personal injuries by victims of criminal statutes prohibiting child molestation, exploitation, and
pornography. The statute provides:
(a)
Any person who, while a minor, was a victim of a
violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A,
2260, 2421, 2422, or 2423 of this title and who suffers personal
injury as a result of such violation may sue in any appropriate United
States District Court and shall recover the actual damages such
person sustains and the cost of the suit, including a reasonable
attorney’s fee. Any minor as described in the preceding sentence
shall be deemed to have sustained damages of no less than $150,000
in value.
18 U.S.C. § 2255(a). Thus, the statute explicitly authorizes suit by a minor or on the minor’s behalf
for actual damages of no less than $150,000, plus the cost of the suit and attorney’s fee. This Court
clearly has subject matter jurisdiction over this action brought pursuant to a federal statute
specifically authorizing civil suit by a victim and the complaint, alleging violations of 18 U.S.C. §
2251, et seq. and 18 U.S.C. § 2252A, et seq. against the victim, states a claim upon which relief can
be granted against the defendant.
The defendant’s pro se motion to dismiss is DENIED, [Doc. 5].
So ordered.
ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE
2
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?