Dollah v. Secretary of Defense

Background

Fawziya Ahmed Musah Dollah, proceeding without a lawyer, alleged that the Navy Recruiting Station and Henry Leon prevented him from enrolling in the United States Navy because of his HIV status. The complaint did not identify a cause of action or specify the relief requested. The court therefore interpreted the complaint as seeking injunctive relief under the Fifth Amendment's Due Process Clause and under the Administrative Procedure Act, a federal law governing certain challenges to agency action.

The court had already granted Dollah permission to proceed without paying filing fees in advance. When a person proceeds this way, the court must screen the complaint and dismiss claims that are frivolous, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court's subject-matter jurisdiction.

Court's analysis

The court held that the Navy Recruiting Station and Petty Officer Henry Leon were not proper defendants for the relief the complaint appeared to seek. For an injunction against a federal entity, the proper defendant is generally the head of the agency in an official capacity. For an Administrative Procedure Act claim, the statute permits claims against the United States, the agency whose action is challenged, or the appropriate federal officer. The court concluded that neither the recruiting station nor Leon fit those requirements and dismissed Dollah's claims against them for failure to state a claim.

The court also noted that, because Dollah challenged actions involving a branch of the military, certain federal antidiscrimination laws would not provide an available claim for the alleged conduct. It further stated that constitutional claims seeking money damages under the implied remedy recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics would be barred by sovereign immunity. The court did not decide the merits of whether Dollah was unlawfully prevented from enrolling because of HIV status.

Order and effect

The court directed the clerk to amend the caption by replacing the Navy Recruiting Station and Henry Leon with the Secretary of Defense and the Secretary of the Navy. The court stated that this amendment was without prejudice to any defenses those defendants might later assert.

Because Dollah was allowed to proceed without prepaying fees, the court directed the clerk to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve the Secretary of Defense and the Secretary of the Navy. The court extended the service period so that the 90-day period would run from the date the summonses were issued. Dollah was instructed to request an extension if service was not completed within that period and to notify the court of any address change.

Judge Edgardo Ramos certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order dismissed the claims against the original defendants, but it did not dismiss the claims against the substituted Secretaries; instead, it directed service on them.