Watkins v. Archdiocese of New York
- Colleen McMahon
- 1:19-cv-10217
- U.S. District Court · Southern District of New York
- 4
In Watkins v. Archdiocese of New York, Judge McMahon dismissed Michael Watkins’s pro se complaint without prejudice because he could not represent his deceased brother.
Michael Watkins’s attempt to litigate for his deceased brother was dismissed without prejudice, affecting the claims he sought to bring on his brother’s behalf. The action named the Archdiocese of New York and St. Paul’s Church as defendants.
What happened
In Watkins v. Archdiocese of New York, Michael Watkins sued the Archdiocese of New York and St. Paul’s Church on behalf of his deceased brother, Paul Alexander Watkins. He alleged that clergy members sexually assaulted his brother during Bible study in 1954 and 1955 and sought $1.5 million in damages.
The court explained that a person without a lawyer may represent only himself, not another person. Because Watkins did not allege that he was an attorney, the court dismissed without prejudice the claims he was trying to bring for his brother. The court did not address whether those claims were timely.
Judge Colleen McMahon dismissed the complaint without prejudice during the court’s review of Watkins’s fee-free filing. The court also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Watkins v. Archdiocese of New York · No. 1:19-cv-10217
- Colleen McMahon
- Nov. 25, 2019
Background
Michael Watkins, appearing without a lawyer, filed a complaint on behalf of his deceased brother, Paul Alexander Watkins. He invoked federal-question jurisdiction and identified “sexual abuse of a minor” as the alleged violation. Watkins alleged that Paul was sexually assaulted by several clergy members at St. Paul’s Church during Bible study on multiple occasions between 1954 and 1955. He attributed mental illness, destructive behavior, physical pain, and body dysmorphia to the alleged abuse and sought $1.5 million in damages from the Archdiocese of New York and St. Paul’s Church.
The court had previously allowed Watkins to proceed without paying filing fees. It therefore reviewed the complaint under 28 U.S.C. § 1915(e)(2), which requires dismissal of a fee-free complaint that is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant. The court also noted that it must dismiss a case when it lacks subject-matter jurisdiction. The court described the requirement that even a complaint filed without a lawyer must provide enough factual matter to make a claim plausible.
Representation of another person
The court focused on Watkins’s attempt to litigate for his deceased brother. Under 28 U.S.C. § 1654, a person may conduct a case personally only when litigating that person’s own interests, unless represented by an attorney. The court found that Watkins had not alleged facts suggesting that he was an attorney. It therefore held that he could not raise claims on his brother’s behalf.
The opinion states that the court dismissed without prejudice the claims Watkins sought to bring for his brother. “Without prejudice” means the dismissal did not use those words to bar a future filing. The court expressly declined to address the timeliness of any claims Watkins sought to assert for his brother.
Disposition
Judge Colleen McMahon dismissed the complaint without prejudice under the fee-free-filing statute. The court directed the Clerk of Court to transmit the order to Watkins and record service. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.