Watzke v. City and County of San Francisco

Background

Nicholas Watzke filed the action without a lawyer against the City and County of San Francisco and Charles Watzke. He had been allowed to proceed without paying the filing fee in a separate order. The court screened his complaint under the federal statute requiring review of certain complaints filed by people proceeding without such fees.

The complaint alleged that Watzke was staying at a Navigation Center in San Francisco and was drugged, stalked, attacked, and kidnapped there. It also alleged three attempts to murder him as part of a conspiracy. The complaint cited 18 U.S.C. §§ 241, 242, 1111, and 1113; 28 U.S.C. § 1738A; and California Penal Code § 186.22.

Reasons for Dismissal

The court applied the same standard used for a motion to dismiss for failure to state a claim. It said the complaint did not provide enough facts to give the defendants fair notice of the claims. Specifically, it did not identify who allegedly committed the acts, which specific Navigation Center was involved, or when the events occurred.

The court also ruled that the statutes cited by Watzke did not provide a private cause of action—that is, they did not authorize an individual to sue under them. The court cited decisions concerning the federal criminal statutes and the federal statute cited in the complaint, and also cited the California statute.

Disposition

The court dismissed the action with prejudice for failure to state a claim because amendment would be futile. Judge Jon S. Tigar directed the clerk to terminate all pending motions, issue judgment, and close the file.