Dawkins v. Ashley Furniture
- Laura Swain
- 1:21-cv-09906
- U.S. District Court · Southern District of New York
- 12
In Dawkins v. Ashley Furniture, Judge Swain found the complaint deficient, granted 60 days to amend, and denied fee-free appeal status.
The order directly affected Mr. Honorable Jermaine Andre Dawkins by requiring him to file a more detailed amended complaint within 60 days; Ashley Furniture remained the named defendant.
What happened
In Dawkins v. Ashley Furniture, Mr. Honorable Jermaine Andre Dawkins, representing himself, alleged that he experienced discrimination and verbal abuse while shopping at Ashley Furniture on May 6, 2021. He described mental anguish, flashbacks, and defamation, and requested $100 trillion.
The court ruled that the complaint did not clearly explain what happened, who violated which federal law, or why Dawkins was entitled to relief. It therefore failed to meet the requirement for a short and plain statement of a claim. The court granted Dawkins 60 days to file an amended complaint with more details; the amended complaint will replace the original one.
Judge Laura Taylor Swain also stated that no summons would issue at that time and denied fee-free status for any appeal. The order warned that failing to amend on time, without good cause, would result in dismissal for failure to state a claim.
The detailed version
- Dawkins v. Ashley Furniture · No. 1:21-cv-09906
- Laura Swain
- Feb. 7, 2022
Background
Mr. Honorable Jermaine Andre Dawkins filed this action without a lawyer against Ashley Furniture. The filing fee was paid after the court directed him either to pay the fee or submit an application to proceed without prepaying it. Dawkins alleged that he suffered discrimination while shopping at Ashley Furniture in the Bronx.
Dawkins’s allegations stated, in substance, that he experienced verbal abuse and a discriminatory procedure involving an attendant identified as Ms. Richelle Ann on May 6, 2021. He also alleged mental anguish, flashbacks, and defamation of character. He requested “$100 Trillion Dollars.”
Court’s Analysis
The court explained that Federal Rule of Civil Procedure 8 requires a complaint to provide a short and plain statement showing that the plaintiff is entitled to relief. A complaint must contain enough factual matter to make a claim plausible, rather than merely possible. Courts must read complaints filed without a lawyer liberally, but they do not have to accept bare legal conclusions.
The court determined that Dawkins’s complaint did not provide a short and plain statement of facts supporting relief. It generally alleged discrimination and verbal abuse but did not describe what occurred in sufficient detail or identify who violated which federal law. As a result, the court could not determine from the allegations whether Ashley Furniture violated any of Dawkins’s federally protected rights. The court concluded that the complaint failed to state a claim on which relief could be granted.
Leave to Amend and Disposition
Because Dawkins was representing himself and might be able to state a valid claim by providing additional facts, the court granted him 60 days’ leave to amend his complaint. The amended complaint must explain the relevant facts, identify the people involved, describe what each defendant did or failed to do, state when and where the events occurred, describe the injuries, and identify the requested relief. Any facts or claims from the original complaint that Dawkins wants the court to consider must be repeated because the amended complaint will completely replace the original complaint.
The court ordered Dawkins to submit the amended complaint to the court’s Pro Se Intake Unit within 60 days, label it “Amended Complaint,” and include docket number 21-CV-9906 (LTS). No summons would issue at that time. The court stated that if Dawkins failed to comply and could not show good cause, the complaint would be dismissed for failure to state a claim. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was directed to mail the order to Dawkins and note service on the docket.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.