Stevens v. J&F Gourmet Deli

Background

Lisa Stevens and Larry McNair, appearing pro se, meaning without lawyers, sued J&F Gourmet Deli, a cashier, and owners identified in the complaint as John Doe defendants. They invoked 42 U.S.C. § 1983, a federal law that allows claims for violations of federal rights by people acting under state authority.

The plaintiffs alleged that on April 8, 2019, Stevens asked McNair to buy food at the deli. They alleged that the cashier overcharged Stevens’s electronic benefits transfer card by more than $50. They characterized the conduct as showing deliberate indifference to a basic need for food and sought punitive damages, emotional-distress damages, and injunctive relief.

The court had previously allowed the plaintiffs to proceed without paying filing fees. It therefore reviewed the complaint under the screening requirements for fee-free cases.

Court’s Analysis

The court held that a § 1983 claim requires both a violation of a constitutional or federal right and action by a person acting under color of state law. The court explained that private parties generally are not state actors. It found that the deli and the individual defendants were private parties, so the plaintiffs did not state a claim under § 1983.

The court also concluded that the allegations did not suggest another federal cause of action. Because it dismissed the federal claims, the court declined to exercise supplemental jurisdiction—the court’s authority to hear related state-law claims—over any state-law claims the plaintiffs might have intended to assert.

Although courts ordinarily give pro se plaintiffs an opportunity to amend when the complaint might be cured, Judge McMahon found that amendment would not cure the defects here and declined to grant leave to amend.

Additional Warning

The court discussed Larry McNair’s prior litigation history and found that he knew or should have known that the allegations failed to state a federal claim. The court noted that the statutory filing restriction for prisoners did not apply because McNair was no longer a prisoner. It nevertheless warned McNair that further vexatious or meritless litigation could lead to an order requiring him to obtain permission before filing new civil actions without paying fees in that court. The opinion expressly states that this warning applied only to McNair, not Stevens.

Disposition

Judge Colleen McMahon dismissed the plaintiffs’ complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.