Quaker v. Federal Emergency Management Agency

Background

Dawn Quaker, proceeding without a lawyer, filed a New York state-court action identifying FEMA, the United States of America, and the New York State Supreme Court as defendants. She described the action as one for negligence and requested $25,000 in damages. Her handwritten allegations referred to events involving a shelter, the New York State Supreme Court, alleged abuse, and interference with her efforts to work with law-enforcement agencies.

The action was removed to the U.S. District Court for the Southern District of New York. FEMA moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Rule 12(b)(1) permits dismissal when the court lacks authority to hear the case; Rule 12(b)(6) concerns whether the pleadings state a legally sufficient claim. Quaker opposed dismissal in a letter that repeated allegations against alleged abusers and asked that the case not be dismissed.

Court’s Analysis

The court treated Quaker’s only stated legal theory—negligence—as a tort claim against the United States. Such a claim must comply with the Federal Tort Claims Act, a statute that waives the federal government’s general protection from tort lawsuits only if specified conditions are met.

One condition requires a claimant to first present the claim to the appropriate federal agency before filing suit. The court found that Quaker’s pleadings did not state that she had notified FEMA. FEMA also submitted an uncontradicted declaration saying that it had no record of receiving a notice of claim from Quaker. The court held that this required dismissal because the administrative-claim requirement applies to people proceeding without lawyers as well as to represented parties.

The court also stated in a footnote that, to the extent Quaker’s pleadings could be read as asserting a tort claim against the New York State Supreme Court, the court likewise lacked authority to hear that claim. The court explained that New York has consented to tort suits in the New York Court of Claims.

Because it found no subject-matter jurisdiction—the court’s legal authority to decide the dispute—the court did not reach FEMA’s argument that Quaker’s complaint failed to state a claim. This was therefore a threshold ruling, not a decision on whether the alleged negligence occurred or whether Quaker was entitled to damages.

Disposition

Judge Vernon S. Broderick granted FEMA’s motion to dismiss. The Clerk was directed to mail Quaker a copy of the Opinion and Order, terminate all open motions, and close the action. The court certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The opinion does not state that the dismissal was with or without prejudice.