Cruzado v. Combs

Background

Anthony Nelson Cruzado, who is incarcerated and proceeding without a lawyer, sued Shawn John Combs, Kevin Heart, Usher R And B, and Jay-Z. Cruzado alleged that in September 2013 he attended a party hosted by Combs at an unspecified location. He alleged that Combs gave him a drink, brought him to another room, pinned him on a bed, and raped him with three other men, including Jay-Z. The opinion states that it was unclear whether any of the alleged events occurred in New York. Cruzado sought $175 million from Jay-Z, $88 million from Kevin Heart, $145 million from Usher, and $300 million from Combs.

Jurisdiction analysis

The court reviewed the complaint under the prisoner-screening and filing-fee statutes and considered whether it had subject matter jurisdiction, meaning legal authority to hear the case. Federal district courts generally have jurisdiction over claims arising under federal law or over disputes between citizens of different states when the amount in controversy exceeds $75,000.

The court concluded that Cruzado did not invoke federal-question jurisdiction and that the allegations appeared to involve state-law claims without an obvious federal claim. The court also found that Cruzado did not allege his domicile, meaning his fixed legal home, or the domiciles of the four individual defendants. Because the complaint did not establish that the parties were citizens of different states, the court found that diversity jurisdiction was not shown.

Disposition

The court dismissed the action for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The court granted Cruzado 30 days’ leave to replead by filing an amended complaint that supplies facts establishing federal jurisdiction, either by asserting a federal-law claim or by naming only defendants who are not domiciled in the same state as Cruzado. If he relies on diversity jurisdiction, the amended complaint must allege each individual’s domicile.

The court also stated that the amended complaint must comply with Rule 8 by briefly explaining who did what, when and where the events occurred, the injuries Cruzado suffered, and the relief he seeks. The amended complaint would replace, rather than supplement, the original complaint. Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to hold the case open until judgment is entered.