Todie v. Bronx III Parole Division Entire Staff

Background

Eugene Andrew Todie, proceeding without a lawyer, sued the “Bronx III Parole Division Entire Staff on 7/28/21,” Bronx Regional Manager Knight, Bronx D.A. Investigator Ingen, and the NYPD 40th Precinct. He invoked federal-question jurisdiction under 28 U.S.C. § 1331. Todie alleged that parole division officers nearly murdered him after he brought evidence that one of their coworkers had staged a crime scene at his residence. He also alleged that the NYPD precinct would not take his police report and that the district attorney investigator would not assist without the precinct’s involvement.

Todie stated that he sought no money from the court and instead sought federal indictments and the imprisonment of the defendants. The opinion quotes the complaint, which refers to events on dates including July 28, 2021, and July 28, 2022. The court granted Todie permission to proceed without prepaying filing fees before reviewing the complaint.

Court’s analysis

Because Todie was proceeding without prepaying fees, the court was required to dismiss any claim that was frivolous, malicious, failed to state a claim for relief, or sought money from an immune defendant. The court also explained that a complaint must provide enough factual detail to make a claim plausible and must contain a short and plain statement showing entitlement to relief.

The court treated Todie’s request as an attempt to bring federal criminal charges against the defendants. It held that a private person cannot initiate an arrest or prosecution in federal court and cannot direct prosecutors to bring criminal proceedings. The court therefore dismissed that claim for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

Disposition

The court dismissed the complaint but granted Todie 60 days’ leave to file an amended complaint. An amendment seeking only criminal prosecution and imprisonment would be futile, but the court allowed amendment to the extent Todie sought another type of relief. The amended complaint had to identify the relevant people, describe what each defendant did or failed to do, provide approximate dates and locations, describe injuries, and state the requested relief. It would replace the original complaint rather than supplement it.

The court denied Todie’s “motion for submitting exhibits” as moot. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for the appeal. The clerk was directed to keep the matter open until a civil judgment was entered.