Johnson v. Adams

Background

Robert W. Johnson filed this action against 20 defendants, including Progressive entities, law offices, lawyers, and other individuals. He alleged that the defendants were involved in an insurance dispute and related litigation arising from a car accident in Buffalo, New York. The opinion generally refers to the accident as occurring on January 28, 2017, but one background sentence refers to January 17, 2017.

Johnson alleged that Iryna S. Krauchanka improperly appeared for Progressive in an appeal, and that Holly Renson and Gail S. Karan were involved in signing and notarizing a supposedly forged affidavit of service. He also alleged that defendants denied him a fair hearing, used ineffective defenses, and participated in insurance fraud and discrimination. He sought money damages. The court had previously allowed him to proceed without paying filing fees.

Legal Standard

Because Johnson filed without paying filing fees, the court was required to dismiss the complaint, or any part of it, if it was frivolous, malicious, failed to state a claim for relief, or sought money from an immune defendant. The court also had to dismiss if it lacked authority to hear the case. Although complaints filed by people without lawyers are read generously, they still must provide enough factual detail to make a legally plausible claim.

Claims Against Krauchanka, Renson, and Karan

The court dismissed the claims against Krauchanka, Renson, and Karan for failure to state a claim and as frivolous. It held that Krauchanka was entitled to appear for Progressive in the appeal and that Johnson alleged no facts showing she acted illegally. The court likewise found Johnson’s claim concerning Renson’s and Karan’s signing and notarizing of the affidavit frivolous.

Claims Against Adams, the Adams Law Office, Gertzer, and Daudier

The court dismissed the claims against the Law Office of Jennifer S. Adams, Jennifer S. Adams, Michael K. Gertzer, and Matthew Daudier for failure to state a claim and as frivolous. Johnson had not alleged specific facts about these defendants, and the court noted that a judge had already dismissed claims against them in an earlier related proceeding.

Claims Against Progressive

The court stated that Johnson had repeatedly been told to bring all claims against Progressive arising from the accident in his first-filed case in the Northern District of Ohio. It found that filing another federal action against Progressive over the same accident was frivolous. The court therefore included those claims in the dismissal of the complaint.

Claims Against the Remaining Defendants

Johnson alleged no facts concerning Andrea Alonso, Morris, Duffy, Alonso & Faley, Ken Faley, Lina Rossilo, Keven Mahon, Mark Healy, William Manning, Michael Titowsky, Kenneth Pitcoff, Patricia Permakoff, or Edward Harrington. The court dismissed any claims against those defendants for failure to state a claim.

Amendment and Litigation History

The court declined to give Johnson an opportunity to amend because it found that the complaint could not be corrected through amendment. The opinion also described Johnson’s numerous other federal cases concerning the accident and noted that another judge had ordered him to explain why he should not be barred from filing further fee-free actions in that court without permission.

Disposition

Chief United States District Judge Colleen McMahon dismissed Johnson’s complaint under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), which address frivolous complaints and complaints that fail to state a claim. The order did not state that the dismissal was with or without prejudice. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Johnson fee-free status for an appeal.