Paynes El-Bey v. ADT Security Services, Inc.

Background

Queen Prinyah Godiah P. Paynes El-Bey, who was proceeding without a lawyer and without prepaying filing fees, sued in connection with a dispute involving her rental apartment. The defendants named in the amended complaint were Sheila L. Robinson-Zenon, ADT Security Services, Inc., the Federal Savings Bank, Tiffany Rodriguez, Pedro Cruz, Jac Builders LLC, Ariel Rodriguez, “Owners/Tenants who resided at 23 Lent Street, Poughkeepsie, NY 12601,” “John/Jane Doe, et al.,” and Francisco Cruz.

The amended complaint focused largely on a camera that Robinson-Zenon allegedly placed outside Plaintiff’s apartment, interactions with Robinson-Zenon’s boyfriend and other tenants, and alleged privacy violations. It also included allegations that could potentially support claims under the Fair Housing Act. Plaintiff alleged that Robinson-Zenon failed to provide a wheelchair ramp and that Robinson-Zenon restricted Plaintiff’s Muslim guests while allowing other tenants to have guests. Plaintiff also described racial and language-related comments by Robinson-Zenon’s boyfriend and other tenants.

Court’s analysis

The court applied the screening requirements for complaints filed without prepaying fees. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a claim that is frivolous, malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court must also dismiss claims over which it lacks subject-matter jurisdiction.

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. The amended complaint was 208 pages long and did not provide a clear statement or fair notice of the claims. Much of it described personal disputes and interactions from which the court could not discern a legal violation.

The court found that the allegations against ADT, the Federal Savings Bank, Tiffany Rodriguez, Pedro Cruz, Jac Builders LLC, Ariel Rodriguez, and Francisco Cruz did not state claims for relief. It also declined to help identify the unnamed “Owners/Tenants who resided at 23 Lent Street” and “John/Jane Doe, et al.” defendants because Plaintiff had not stated claims against them.

As to Robinson-Zenon, the court said the amended complaint suggested two possible Fair Housing Act claims but did not contain enough facts to establish liability. For the disability-accommodation claim, Plaintiff did not allege that Robinson-Zenon knew or should have known about the disability, that Plaintiff requested a ramp from Robinson-Zenon, or that Robinson-Zenon denied the request. The court allowed Plaintiff to provide facts about whether and when Robinson-Zenon denied a reasonable-accommodation request. The court also allowed Plaintiff to provide more facts about how and when Robinson-Zenon allegedly prevented guests from visiting because of religion.

Ruling and disposition

The court granted Plaintiff 30 days to file a second amended complaint stating facts supporting the Fair Housing Act claims against Robinson-Zenon. The court directed Plaintiff to submit it to the Pro Se Intake Unit, label it “Second Amended Complaint,” and use docket number 21-CV-5211 (LTS). The court advised Plaintiff to limit the pleading to 20 pages and to include facts concerning Robinson-Zenon’s alleged Fair Housing Act violations. No summons would issue at that time.

The court dismissed all claims against ADT Security Services, Inc., the Federal Savings Bank, Tiffany Rodriguez, Pedro Cruz, Jac Builders LLC, Ariel Rodriguez, Francisco Cruz, “Owners/Tenants who resided at 23 Lent Street, Poughkeepsie, NY 12601,” and “John/Jane Doe, et al.” for failure to state a claim. The court stated that if Plaintiff failed to file the second amended complaint within 30 days, and could not show good cause for the failure, the amended complaint would be dismissed for failure to state a claim.

The court also certified that any appeal from the order would not be taken in good faith and denied Plaintiff status allowing an appeal without prepaying fees.