Hussey v. Ward

Background

Yessuh Suhyes Hussey, representing himself and proceeding without paying filing fees, sued Bleeker Ward under 42 U.S.C. § 1983. Hussey alleged that Ward falsely told police that he had pulled her ponytail on October 27, 2020, in front of 61 Center Drive in New York, New York. He alleged that he was arrested and charged with third-degree assault and attempted third-degree assault, although he stated those charges had been dismissed. He claimed emotional distress, lost wages, psychological abuse, and harm to his reputation, and sought $1 million and a permanent restraining order.

The action was originally filed in the Eastern District of New York and transferred to the Southern District of New York. The court treated Hussey’s original and amended complaints as one operative pleading. The opinion also states that another action involving Ward and similar allegations was administratively closed after its complaint was filed as an amended complaint in this case.

Federal Claim

A claim under § 1983 requires a person acting under color of state law—a government actor—to violate a right protected by the Constitution or federal law. The court concluded that Ward was a private party. It held that Hussey’s allegation that Ward made false statements to police, even if deliberately false, did not make Ward a state actor. The court therefore dismissed the § 1983 claim for failure to state a claim on which relief could be granted.

Possible State-Law Claims and Jurisdiction

The court understood Hussey’s submissions to possibly assert state-law defamation claims. For diversity jurisdiction, a federal court generally requires the plaintiff and defendant to be citizens of different states and the amount in dispute to exceed $75,000. Although Hussey sought $1 million, he did not allege facts showing Ward’s state citizenship differed from his own. The court noted that Hussey said he did not know Ward or her address, which appeared to make correcting that deficiency unlikely, but it nevertheless allowed him an opportunity to amend.

Because the federal claims were dismissed, the court declined to exercise supplemental jurisdiction—the court’s authority to hear related state-law claims—over any state-law claims Hussey might be asserting.

Disposition and Further Proceedings

The court dismissed the action for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). It granted Hussey 30 days to file a second amended complaint, limited to alleging facts demonstrating diversity-of-citizenship jurisdiction over his state-law claims. The new complaint must replace, rather than supplement, the earlier complaints, so Hussey would have to repeat any facts or claims he wished to retain.

The court stated that if Hussey did not file the second amended complaint within 30 days and could not show good cause, it would enter judgment dismissing the action and declining supplemental jurisdiction over any state-law claims. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Finally, it repeated a warning that continued frivolous, vexatious, or unmeritorious filings could lead to an order requiring permission before Hussey could file future actions without paying fees.