Khan v. Twitter, Inc.

Background

Abdul Kareem Khan, representing himself and proceeding without paying the filing fee, sued Twitter, Inc. He alleged that a Twitter user who posted about actress Emma Watson was targeting him, possibly through automated accounts or “bots.” Khan described receiving annoying email notifications, seeing unidentified likes or retweets, and believing that Twitter was facilitating anonymous users’ efforts to track, stalk, or bully him. He also alleged that Twitter ignored his complaints.

Screening standard

Because Khan was proceeding without paying the filing fee, the court was required to screen his complaint before directing the U.S. Marshals Service to serve it. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss such a complaint if it is frivolous, malicious, fails to state a claim, or seeks money from a defendant protected from such relief. The court also applied the standard for failure to state a claim: the complaint had to provide enough factual matter to make a claim for relief plausible. The court was required to read a self-represented litigant’s complaint liberally, but Khan still had to provide facts supporting a possible legal claim.

Court’s analysis

The court said Khan did not follow the Twitter account at issue, and the account did not follow him. Khan alleged that the account was “chasing” his personal and business Twitter handles, that he sometimes saw unidentified likes or retweets, and that Twitter’s notifications caused stress. The court noted that Khan acknowledged he could unsubscribe from the email notifications but chose not to, and that the users who allegedly harassed him never followed or replied to him.

The court concluded that the allegations did not plausibly plead a claim. It characterized some allegations as appearing delusional or frivolous and described others as conclusory. The court noted that Khan might be able to plead a breach-of-contract claim if he identified an obligation in Twitter’s terms of service requiring Twitter to act against the alleged conduct. But on the complaint then before it, the court found no claim.

Disposition

The court dismissed the complaint. Because Khan was self-represented, it allowed him to file an amended complaint by July 31, 2023, stating the basis for his claim for relief. Alternatively, by the same date, he could file a one-page notice voluntarily dismissing the case; the opinion states that voluntary dismissal would operate as a dismissal without prejudice. The order was signed by Laurel Beeler, United States Magistrate Judge.