Dominguez v. Felix

Background

Elijah Dominguez, identified as a detainee, filed a civil-rights complaint without a lawyer under 42 U.S.C. § 1983. He had been granted permission to proceed without paying the filing fee. The complaint named Maria Lisa Felix, identified as Dominguez’s mother, as the defendant.

Dominguez alleged that Felix withdrew money from his bank account while he was detained in the county jail. He asked the court to order that the money be placed back in his account.

Court’s Analysis

The court screened the complaint under the federal statute requiring preliminary review of cases brought by prisoners against governmental entities or officers. It explained that a complaint may be dismissed if it is frivolous, fails to state a claim for relief, or seeks money from a defendant who is immune from such relief. The court also noted that complaints filed without a lawyer are read liberally, but still must include enough factual allegations to state a plausible claim.

To state a claim under Section 1983, a plaintiff must allege both that a right protected by the Constitution or federal law was violated and that the alleged violation was committed by a person acting under state law. The court concluded that Dominguez had not alleged a violation of a protected federal right or that Felix was acting under state law. It therefore found that the complaint failed to state a Section 1983 claim and was frivolous.

Disposition

The court stated that no amendment could cure the complaint’s deficiencies. It dismissed the action without leave to amend. The order’s conclusion states that the complaint was DISMISSED with prejudice as frivolous and for failure to state a claim, and the Clerk was requested to close the case. Judge James Donato signed the order on December 17, 2021.