Tillman v. USPS

Background

Trevor Albert Tillman was proceeding without a lawyer and without paying the filing fee. His original complaint alleged that the United States Postal Service violated his rights under the Health Insurance Portability and Accountability Act during 2016 and 2017. The court had dismissed that complaint for failing to state a claim but allowed him to file an amended complaint.

In the amended complaint, Tillman named “Social Services” as the only defendant. He alleged that he had issues with Social Services and described difficulties involving his former employer, a shift change, depression, medical treatment, and his mental-health care. He sought “personal income.”

Court’s analysis

The court interpreted Tillman’s reference to “Social Services” as an intended claim under 42 U.S.C. § 1983, a federal civil-rights law, against the New York State Department of Social Services. The court held that the amended complaint did not allege facts explaining what the Department had done or how its actions violated Tillman’s federal rights. The court therefore found the allegations insufficient to state a claim.

The court also held that the New York State Department of Social Services is an arm of the State of New York. The Eleventh Amendment generally protects states and state agencies from lawsuits in federal court. The court stated that New York had not waived that protection and that Section 1983 did not remove it. It therefore concluded that the Eleventh Amendment barred Tillman’s Section 1983 claims against the Department.

Disposition

The court dismissed the amended complaint under 28 U.S.C. § 1915(e)(2)(B)(iii). It declined to give Tillman another opportunity to amend because the amended complaint gave no indication that its defects could be cured. The court certified that an appeal would not be taken in good faith, denied fee-free status for an appeal, and directed the clerk to enter judgment.