Das v. Smith

Background

Damodar Chandra Das filed a second amended complaint under 42 U.S.C. § 1983. The court reviewed it under 28 U.S.C. § 1915A(a), which requires preliminary screening of a complaint filed against a governmental entity. At screening, the court must identify claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.

Das’s first amended complaint had previously been dismissed because it was more than 60 pages, confusingly assembled, and difficult to understand. The court had instructed him that claims in one action must arise from the same transaction or occurrence, or series of transactions or occurrences, and must share a common question of law or fact.

Reasons for dismissal

The second amended complaint presented claims based on incidents occurring on December 6, 2023; July 25, 2023; December 1, 2023; December 3, 2023; and January 12, 2024. The court found that these claims were unrelated by fact, law, or defendant. Because joining unrelated claims violated the federal pleading rules, the court required Das to choose one incident as the basis for the claims in his next complaint.

Das also mentioned “reasonable accommodations,” which the court said likely referred to Title II of the Americans with Disabilities Act. The court explained that merely using that phrase was insufficient. A Title II claim requires allegations that the plaintiff has a disability, is otherwise qualified for a public entity’s services or programs, was excluded from or denied their benefits or otherwise discriminated against, and experienced that treatment because of the disability. The court did not determine whether Das could satisfy those requirements.

Disposition and instructions

The court DISMISSED the second amended complaint with leave to file a third amended complaint on or before July 14, 2025. The third amended complaint must use the caption and civil case number stated in the order, identify itself as “THIRD AMENDED COMPLAINT” on the first page, and use the court’s form.

The new complaint must include every claim and defendant Das wishes to pursue because an amended complaint replaces the earlier complaints. It may not incorporate earlier material by reference. It must be no longer than 20 pages, focus on one set of defendants whose conduct arises from a common core of facts, and include no more than 10 pages of clearly separated exhibits. The court warned that failure to comply could result in dismissal of the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute.