Murray McIver v. Mount Vernon CMV Police Dept.

Background

Tamicko D. Murray McIver, appearing without a lawyer, filed an action concerning a hit-and-run accident that occurred in Mount Vernon, New York. She alleged that on May 19, 2020, she was struck by a vehicle and that the driver left the scene. She named the driver, two unidentified witnesses, the Mount Vernon Police Department, a detective, and an emergency medical technician as defendants. She invoked federal-question and diversity jurisdiction and had been allowed to proceed without prepaying filing fees.

Jurisdictional analysis

Federal-question jurisdiction requires claims arising under the Constitution, federal laws, or treaties. The court concluded that McIver did not allege facts suggesting that any defendant violated federal law or her constitutional rights. Instead, the court determined that her claims arose under state law.

Diversity jurisdiction requires complete diversity of citizenship between the plaintiff and defendants, as well as a claim exceeding $75,000. The court stated that McIver identified herself and the defendants as residing in New York, which prevented complete diversity. Because the court lacked subject-matter jurisdiction—the power to hear the type of dispute—the court was required to dismiss the action.

Disposition

Judge Louis L. Stanton dismissed the complaint without prejudice for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The order did not resolve whether McIver’s underlying claims were valid.