Dettle v. Treasure Island Resort & Casino

Background

Lillian B. Dettle alleged that she was visiting Treasure Island Resort & Casino on March 24, 2017, when she bumped into a chair positioned at an unusual angle against a slot machine. She said the injury caused redness, soreness, bruising, and swelling in her leg; that she later received antibiotics for a possible infection and had a blood clot removed; and that her leg remained painful to the touch. She sought compensation from Treasure Island, but its third-party claims administrator, Tribal First, denied the claim after finding neither negligence nor liability. Hudson Insurance Group also appeared to have been involved in processing the claim.

Dettle alleged that Treasure Island was negligent because it should have noticed the chair on surveillance cameras and corrected the situation, and because it did not post signs prohibiting chairs from being slanted against slot machines. She sought compensation for medical and prescription costs, emotional distress, and punitive damages. Dettle represented herself in the case.

Motion and Jurisdiction

The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which challenges the court’s subject-matter jurisdiction, Rule 12(b)(5), which concerns insufficient service of process, and Rule 12(b)(6), which concerns failure to state a legally sufficient claim. The magistrate judge recommended dismissing the complaint without prejudice. Dettle objected.

The district court reviewed the disputed portions of the recommendation. It construed Dettle’s filings liberally and treated them as asserting a negligence claim against Treasure Island. But the court held that the pleadings did not show that the defendants violated the First Amendment or any other federal constitutional provision or law. A mere suggestion of a federal question was not enough, so the court found no jurisdiction under 28 U.S.C. § 1331.

The court also considered diversity jurisdiction under 28 U.S.C. § 1332, even though Dettle had not raised it. The defendants acknowledged that Tribal First and Hudson might be diverse parties, but argued that Treasure Island was operated by the Prairie Island Indian Community, a federally recognized Indian tribe. The court held that Indian tribes are neither foreign states nor citizens of any state for diversity purposes. Because the tribe’s presence destroyed the complete diversity required for the case, the court found no jurisdiction under § 1332.

Ruling

Judge Susan Richard Nelson overruled Dettle’s objection, adopted Magistrate Judge Tony Leung’s report and recommendation in full, granted the defendants’ motion to dismiss, and dismissed Dettle’s complaint without prejudice. The ruling was based on the absence of subject-matter jurisdiction; the court did not decide whether the alleged negligence occurred or whether the defendants were liable for Dettle’s injuries.