Miller v. United States

Background

Maureen Miller, who was representing herself, sued the United States under federal-question jurisdiction. The complaint described an incident in Battery Park involving a Parks Department sergeant. Miller alleged that, after she finished setting up a spiritual display, a white female sergeant demanded that she show identification. Miller said the sergeant physically contacted her, removed a religious bracelet from her arm, and called other uniformed people who surrounded her. Miller asserted that her federal rights had been violated and sought $936 billion in damages.

Miller later filed two documents called orders to show cause. One listed alleged misconduct by various courts. The other sought an emergency payment of $3 million. The opinion states that Miller invoked several legal authorities, including 42 U.S.C. § 1983.

Screening of the Complaint

Because Miller had been allowed to proceed without paying filing fees in advance, the court screened the complaint under 28 U.S.C. § 1915. The court explained that it must dismiss a fee-free complaint that is frivolous, malicious, fails to state a claim, seeks money from an immune defendant, or presents claims outside the court’s subject-matter jurisdiction. It also explained that self-represented pleadings are read liberally but still must provide enough facts to make a claim plausible under Federal Rule of Civil Procedure 8.

Section 1983 Claim

A claim under 42 U.S.C. § 1983 requires facts showing that a person acting under state authority violated a federal constitutional or statutory right. The plaintiff must also connect each defendant personally to the alleged violation.

The court found that Miller’s allegations concerned New York City employees, but she did not name those individuals as defendants or explain how each was personally involved. Instead, she named only the United States, and the complaint did not allege that the federal government was involved in the Battery Park incident. The court therefore directed that any amended complaint identify the people personally involved and describe what each allegedly did or failed to do.

Sovereign Immunity

The court held that sovereign immunity barred Miller’s claims against the United States. Sovereign immunity generally prevents federal courts from hearing claims against the federal government unless the government has consented to be sued. The court dismissed Miller’s claims against the United States on that ground. The opinion notes that the Federal Tort Claims Act can waive immunity for certain claims, but states that Miller did not allege facts showing that she was bringing such a claim or had satisfied that statute’s procedural requirements.

Requests for an Order to Show Cause

The court denied both requests for an order to show cause. It explained that preliminary injunctive relief requires a showing of likely irreparable harm and either a likelihood of success or sufficiently serious legal questions combined with a strongly favorable balance of hardships. Because Miller had not stated a plausible Section 1983 claim and had not named defendants who could be held liable, the court found that she had not met this standard.

Leave to Amend and Other Directions

The court granted Miller 60 days to file an amended complaint. The amended complaint must identify the individuals involved, including by using John Doe or Jane Doe if necessary, and must state the relevant facts, dates, locations, injuries, and requested relief. The amended complaint will replace, rather than supplement, the original complaint, so Miller must repeat any facts or claims she wants the court to consider. No summons would issue at that time.

The court stated that failure to amend within the allowed period, without showing good cause, would result in dismissal for failure to state a claim. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.

Disposition

The court dismissed Miller’s claims against the United States, denied her requests for an order to show cause, and granted her leave to file an amended complaint within 60 days.