Ataroua v. Tamir
- Laura Swain
- 1:22-cv-10371
- U.S. District Court · Southern District of New York
- 6
In Ataroua v. Tamir, Judge Swain dismissed the complaint for lack of federal jurisdiction but allowed 30 days to amend.
Islam Ataroua’s federal case was dismissed for lack of subject-matter jurisdiction, but he was given 30 days to amend the complaint. The defendants were not required to litigate the claims in federal court unless an amended complaint established jurisdiction.
What happened
In Ataroua v. Tamir, Islam Ataroua, who was incarcerated and represented himself, sued a lawyer, a law firm, New York City officials, and the City. He alleged that the lawyer mishandled his 2016 injury claim and that officials did not respond to his requests for records under New York’s Freedom of Information Law.
The court found that the legal-malpractice claims arose under state law and that the records claims arose under New York law. Ataroua’s brief reference to constitutional rights did not establish a federal claim, and the court found no basis for jurisdiction based on the parties’ citizenship. The complaint was therefore dismissed for lack of subject-matter jurisdiction, without prejudice to bringing the claims in an appropriate forum.
Judge Laura Taylor Swain held the matter open for 30 days so Ataroua could file an amended complaint showing a claim within federal jurisdiction. If he did not amend, or if an amendment did not establish jurisdiction, the court would enter judgment dismissing the matter. The court also denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Ataroua v. Tamir · No. 1:22-cv-10371
- Laura Swain
- Dec. 19, 2022
Background
Islam Ataroua brought this action without a lawyer against Zaki Isaac B. Tamir, Tamir Law Group, PC, Scott M. Stringer, Richard Briskin, and the City of New York. Ataroua alleged that Tamir mishandled a 2016 personal-injury claim arising from an injury at Rikers Island and allowed the deadline for filing suit to expire. He also alleged that Briskin, Stringer, and the City failed to respond to requests for records under New York’s Freedom of Information Law. He sought damages and an order extending the time to bring his 2016 claim.
Jurisdictional Analysis
The court screened the complaint under the federal statutes governing complaints filed by prisoners who receive permission to proceed without prepaying filing fees. It also considered whether it had subject-matter jurisdiction, meaning legal authority to hear the case. Ataroua invoked federal-question jurisdiction by referring to federal constitutional rights, but the court concluded that his legal-malpractice claims arose under state law and that his records claims arose under New York’s Freedom of Information Law. His passing reference to damages for a due-process violation did not establish a claim requiring resolution of a substantial federal question.
The court also found no basis for diversity jurisdiction, which generally requires qualifying citizenship differences between the parties and an amount in controversy exceeding $75,000. The opinion states that Ataroua and all defendants appeared to be citizens of New York. The court therefore concluded that it lacked both federal-question and diversity jurisdiction.
Disposition
The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). A footnote states that the dismissal was without prejudice to bringing the claims in an appropriate forum. The court did not immediately enter judgment; instead, it held the matter open for 30 days to allow Ataroua to amend and show that at least one claim arose within the court’s jurisdiction. If he did not amend, or if the amended complaint failed to establish jurisdiction, judgment dismissing the matter would be entered. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.