Pizarro v. United States of America
- Laura Swain
- 1:22-cv-02125
- U.S. District Court · Southern District of New York
- 2
In Pizarro v. United States, Judge Swain dismissed Pizarro’s Fourth Amendment claims for failure to state a claim.
Robert Pizarro’s Fourth Amendment claims against the Drug Enforcement Administration agents were dismissed; the order also denied fee-free appeal status.
What happened
Robert Pizarro brought this case without a lawyer under a federal constitutional-rights doctrine and a civil-rights statute. He alleged that Drug Enforcement Administration agents violated his rights by arresting him and that federal prosecutors violated his rights by prosecuting him.
The court had previously given Pizarro 30 days to file an amended complaint asserting Fourth Amendment claims against specific Drug Enforcement Administration agents. Instead, he sent a letter challenging the criminal investigation without identifying specific claims against specific agents.
Judge Laura Taylor Swain dismissed Pizarro’s Fourth Amendment claims for failure to state a claim and directed the clerk to enter judgment. She also ruled that an appeal would not be taken in good faith and denied fee-free appeal status.
The detailed version
- Pizarro v. United States of America · No. 1:22-cv-02125
- Laura Swain
- Dec. 9, 2022
Background
Robert Pizarro, who was incarcerated at USP Canaan in Waymart, Pennsylvania, brought this action without a lawyer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and 42 U.S.C. § 1983. He alleged that Drug Enforcement Administration agents violated his rights when they arrested him and that Assistant United States Attorneys from the Southern District of New York violated his rights when they prosecuted him in a criminal case.
Earlier order and filing
The court had dismissed the action on May 31, 2022, while allowing Pizarro 30 days to file an amended complaint asserting Fourth Amendment claims against Drug Enforcement Administration agents. Pizarro did not file an amended complaint. He instead submitted a letter that challenged the criminal investigation but did not state specific claims against specific Drug Enforcement Administration agents.
Ruling
The court dismissed Pizarro’s Fourth Amendment claims for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This was a screening dismissal based on the contents of the pleading, rather than a decision resolving the underlying allegations after a merits trial. Judge Laura Taylor Swain directed the clerk to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free appeal status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.