Rodriguez v. Department of Children Family Service in Washington, DC

Background

Jose Antonio Rodriguez, who was incarcerated at Coalinga State Hospital, filed this civil-rights action without a lawyer under 42 U.S.C. § 1983. He sued the Department of Children and Family Services in Washington, District of Columbia. The complaint alleged that Rodriguez’s mother’s parental rights were violated from 1982 to November 2020 and that Rodriguez was the result of a rape, which caused his mother’s failure and inability to raise him like her own son. The requested relief was unclear and consisted of the single word “Disiphant.”

Screening standard

Under 28 U.S.C. § 1915A, the court must screen a prisoner’s complaint seeking relief from a governmental entity. The court must dismiss claims that are frivolous, malicious, fail to state a legally valid claim, or seek money from a defendant protected from that type of relief. To state a claim under Section 1983, a complaint must allege both a violation of a right secured by the Constitution or federal law and conduct by a person acting under state law.

Ruling

The court dismissed the complaint for failure to state a claim. It concluded that the alleged facts did not show a violation of any constitutional or federal right. The court also concluded that amendment would be futile, so it dismissed the case with prejudice. The court directed the clerk to enter judgment in favor of the defendant and close the file.