Ezekwo v. OPMC

Background

Dr. Ifeoma Ezekwo filed this action against OPMC, identified in the opinion as the New York State Department of Health’s Office of Professional Medical Conduct, the New York State Department of Health, and unidentified individuals. She alleged that the defendants violated her rights. She represented herself, but she paid the filing fee.

Reason for dismissal

The court explained that it may dismiss a paid complaint as frivolous or for lack of subject-matter jurisdiction, and may dismiss for failure to state a legally sufficient claim after giving the plaintiff notice and an opportunity to be heard. A frivolous claim is one that lacks an arguable basis in law or fact.

The court noted that Ezekwo had previously sued the Department of Health and OPMC in a related proceeding. In that earlier case, the court dismissed claims against those agencies under the Eleventh Amendment. The earlier ruling stated that states generally cannot be sued in federal court unless they waive that protection or Congress removes it, and that the protection extends to state agencies. It also concluded that New York had not waived its protection and that Congress had not removed it through Section 1983.

Because Ezekwo brought claims against the same agencies again despite the earlier ruling and notice that the Eleventh Amendment barred them, the court held that her attempt to relitigate those claims was frivolous. The court stated that the defects could not be fixed by amendment and therefore declined to grant leave to amend.

Ruling

Judge Laura Taylor Swain dismissed the complaint as frivolous. The court did not grant leave to amend. It also warned that further duplicative or frivolous litigation in the court could result in an order barring Ezekwo from filing new actions without first obtaining the court’s permission.

The court certified that any appeal would not be taken in good faith and denied fee-free appeal status for that purpose. The Clerk of Court was directed to enter judgment.