Torres v. United States

Background

Christian Ramon Torres, appearing without a lawyer, filed an action invoking the court’s diversity jurisdiction. The defendants named in the complaint were the “People of the 2nd Circuit Court,” the New York City Police Department, the New York Supreme Court, and the United States of America. Torres alleged that events occurred from 2015 through 2019 in connection with “Foley Sq. Park to the United States Court House.”

Torres’s allegations referred to bullying by the court, deaths of people in the United States, abuse toward him, and a judgment from God. When asked to describe his injuries and the relief he sought, he gave the responses “Yes but you ignorant” and “what you say,” respectively.

Court’s analysis

Because Torres was proceeding without a lawyer and without prepaying the filing fee, the court screened his complaint under 28 U.S.C. § 1915. The court explained that it had to dismiss a complaint that was frivolous, failed to state a legal claim, or sought money from a defendant protected from such relief. It also said that it was required to read a self-represented person’s filing liberally and interpret it to present the strongest claims suggested by the allegations.

The court concluded that, even under that standard, Torres’s claims were irrational and gave no indication of a viable legal theory. It found that his vague assertions about bullying, abuse, and other matters did not suggest that he could state a legal claim.

Ruling

The court dismissed Torres’s complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). It declined to give him permission to amend because the defects could not be cured by amendment. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.