Izeh v. The Ambassador of Nigeria to the United States of America

Background

Matthew Izeh, who was detained at the Robert N. Davoren Center on Rikers Island, brought this self-represented action under 42 U.S.C. § 1983. He named the Ambassador of Nigeria to the United States of America and several entities identified as the ambassador’s departments or Nigerian Embassy departments.

Izeh alleged that the Nigerian Embassy was violating the rights of people who had previously been Nigerian citizens, that he was entitled to due process, and that the embassy’s security department was collecting bribes from people processing documents. He sought millions of dollars in damages and asked the court to have the defendants arrested and prosecuted. The court had previously allowed him to proceed without prepaying filing fees.

Reasons for Dismissal

The court first held that the claims were barred by diplomatic immunity. It explained that current diplomats generally have near-absolute immunity from civil and criminal proceedings in the country where they serve, subject to limited exceptions under the Vienna Convention on Diplomatic Relations. Izeh alleged no facts showing that any exception applied. The court concluded that the defendants, who appeared to be the Nigerian ambassador or Nigerian Embassy departments, were protected by that immunity.

The court separately held that the complaint was frivolous. It explained that a claim is frivolous when it lacks an arguable legal or factual basis. The court found that Izeh alleged violations of unspecified rights involving unidentified people and did not present an arguable legal basis for demanding that the Nigerian Embassy pay him millions of dollars.

The court declined to grant leave to amend. It found that the complaint did not suggest that Izeh could allege facts that would cure the identified defects.

Order to Show Cause and Disposition

The court stated that Izeh had filed a dozen other self-represented complaints that had been dismissed and had previously been warned that continued abuse of the privilege of filing without prepaying fees could lead to a filing injunction. The court directed him to submit, within 30 days, a declaration explaining why he should not be barred from filing future civil actions without prepaying fees in this court unless he first obtained permission. The court stated that the restriction would be imposed if he did not submit the declaration on time or if it did not show good cause.

The court dismissed this action as barred by diplomatic immunity and as frivolous. It certified that an appeal would not be taken in good faith and denied Izeh permission to appeal without prepaying fees. Judge Kimba M. Wood directed the Clerk of Court to keep the matter open until a civil judgment was entered.