Parkes v. Colbert

Background

Tiffany Anne Parkes filed a complaint without a lawyer on February 4, 2025. She invoked federal-question jurisdiction and diversity-of-citizenship jurisdiction. The complaint cited the Fourth Amendment and 18 U.S.C. §§ 114, 351(e), 1519, and 371. Parkes alleged, among other things, that the defendants disseminated recordings of her private conversations, acted together to sabotage her employment, and harassed her. She also alleged that some defendants were responsible for a scar in her uterus and that all defendants were responsible for, or strongly suspected in, her mother's death. She sought $600 million in punitive damages, pain and suffering, and medical expenses.

Federal-question jurisdiction

The court explained that federal-question jurisdiction exists when a claim arises under the Constitution, federal laws, or treaties. It concluded that Parkes's allegations, even when read liberally because she was representing herself, did not suggest a viable federal claim. Apart from citing the Fourth Amendment, she did not allege facts showing a Fourth Amendment violation, and the opinion states that none of the defendants were government agents or officials. The court also concluded that the conduct alleged did not fall within the conduct prohibited by the cited criminal statutes. In addition, those statutes do not provide a private right of action, meaning they do not authorize Parkes to sue the defendants under those provisions.

Diversity jurisdiction

The court explained that diversity jurisdiction requires complete diversity: no plaintiff may be a citizen of the same state as any defendant. Parkes identified herself as a New York resident and identified defendants Shanika Hillocks and Ebony John as New York residents. The court therefore concluded that complete diversity was absent.

Leave to amend and disposition

Because Parkes was representing herself and might be able to allege additional facts establishing subject-matter jurisdiction, the court granted her 30 days to amend her complaint. The court stated that any amended federal-law claims must include facts suggesting a viable claim under the Constitution, federal laws, or treaties. Any amended diversity claims must include facts showing that Parkes and every defendant are citizens of different states and that the claims exceed $75,000.

Judge Andrew L. Carter, Jr. dismissed the complaint for lack of subject-matter jurisdiction, with 30 days' leave to replead. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free appeal status. The clerk was directed to keep the matter open on the docket until a civil judgment is entered.