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S.D.N.Y.Procedural orderFiled Jan. 19, 2023

Komatsu v. United States of America

Docket
1:21-cv-01838
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to DismissPro Se
In one sentence

Komatsu v. United States of America: the court dismissed most claims with prejudice, dismissed state tort claims without prejudice, and denied requested relief.

Who this affects

Towaki Komatsu’s claims against the United States, federal officials, the City of New York, the American Bar Association, and New York University were dismissed, while his state tort claims may be repleaded in state court.

What happened

In Komatsu v. United States of America, Towaki Komatsu proceeded without a lawyer and filed a second amended complaint against the United States, federal officials, the City of New York, the American Bar Association, and New York University. The court had previously allowed amendments and provided guidance about federal court rules.

The court concluded that the second amended complaint did not state any claim that could proceed. It dismissed the claims against the United States and federal officials sued in their official capacities with prejudice for lack of authority to hear them. It also dismissed the remaining federal claims and the claims against the City of New York, the American Bar Association, and New York University with prejudice for failure to state a claim.

The court dismissed the state tort claims without prejudice to repleading them in state court and denied the requests for injunctions and declarations. The opinion does not identify a judge by name; the judgment was signed by Clerk Ruby J. Krajick.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Komatsu v. United States of America · No. 1:21-cv-01838
Date
Jan. 19, 2023

Background

Towaki Komatsu filed a second amended complaint while proceeding without a lawyer. The court stated that it had already allowed him to amend his pleadings twice, provided guidance about complying with the Federal Rules of Civil Procedure, and referred him to the Pro Se Legal Assistance Project.

Rulings

The court determined that the second amended complaint failed to state a single claim that could survive. It found that further amendment would be futile because the defects could not be cured by better pleading.

The judgment entered the following dispositions:

- The claims against the United States and the federal officials named in their official capacities were dismissed with prejudice for lack of subject matter jurisdiction. - The remaining federal claims were dismissed with prejudice for failure to state a claim. - The claims against the City of New York, the American Bar Association, and New York University were dismissed with prejudice for failure to state a claim. - The state tort-law claims were dismissed without prejudice to repleading in state court. - Komatsu’s requests for injunctive and declaratory relief were denied.

The judgment is dated January 19, 2023. The opinion does not name a judge; the document was signed by Clerk Ruby J. Krajick.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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