Whidbee v. Mhay Palisade Towers

Background

Lola Whidbee, who was representing herself, brought a federal-question action against Mhay Palisades Towers. The opinion describes the defendant as Palisades Towers, a Yonkers, New York housing complex where Whidbee resides. The court had previously allowed Whidbee to proceed without paying filing fees in advance.

Whidbee’s complaint described the basis for her constitutional claim as a “freedom of choice to surrender” her assets and be left to attend to her medical issues. She stated that she had released her earnings and assets to “White Plains court” or “White Plains medical court” and was trying to show financial hardship. She also stated that she was on medical leave. The complaint did not explain the events underlying these statements or identify what Mhay Palisades Towers did or failed to do.

Court’s Analysis

The court applied the screening requirement for complaints filed without prepayment of fees. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss such a complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court also must dismiss a case when it lacks subject-matter jurisdiction.

The court concluded that the complaint did not satisfy Federal Rule of Civil Procedure 8, which requires a short and plain statement showing that the plaintiff is entitled to relief. Although courts read self-represented complaints liberally, the complaint still must include enough factual detail to make liability plausible rather than merely possible.

The court construed the complaint as asserting a claim under 42 U.S.C. § 1983, a statute that permits a person to seek relief for violations of federal rights by someone acting under state law. The court explained that such a claim requires facts showing both a violation of a constitutional or federal right and the defendant’s direct personal involvement. Whidbee alleged no facts showing that her constitutional rights were violated or that Mhay Palisades Towers was personally involved in the alleged events.

Disposition

The court dismissed the complaint for failure to state a claim on which relief may be granted. It granted Whidbee leave to file an amended complaint within 60 days of the order. The amended complaint must replace, rather than supplement, the original complaint and must identify the relevant people, events, dates, locations, injuries, and requested relief. The court stated that no summons would issue at that time and that failure to amend within the allowed period, absent good cause, would result in dismissal for failure to state a claim.

The court certified that an appeal would not be taken in good faith and denied fee-free appeal status. Judge Laura Taylor Swain signed the order.