Ahmed v. Schumer
- Laura Swain
- 1:23-cv-04724
- U.S. District Court · Southern District of New York
- 6
In Ahmed v. Schumer, Judge Swain denied Ahmed’s motions to reopen the dismissed case, finding she showed no reason to change the earlier dismissal.
The ruling directly affected Jamoda Fuller Ahmed’s requests to reopen or reconsider the dismissal of her case against Senator Chuck Schumer; the case remained closed.
What happened
In Ahmed v. Schumer, Jamoda Fuller Ahmed asked the court to change its earlier order dismissing her case against Senator Chuck Schumer. The earlier dismissal found that her allegations did not provide enough facts to support a claim and that the court lacked authority to hear the case.
The court treated Ahmed’s filings as requests to change or reconsider the judgment under three federal and local court rules. Ahmed’s filings made allegations about discrimination, civil-rights violations, legislative conduct, and experiences involving family members, but the court found that they did not provide sufficient facts showing that Schumer personally and directly violated her federally protected rights.
Judge Swain denied the requests under all three rules because Ahmed did not identify overlooked law or facts, establish a valid ground for relief, or show extraordinary circumstances. The court closed the case, directed the clerk not to accept further filings under that case number except papers for an appeal, and denied permission to appeal without paying filing fees because any appeal would not be taken in good faith.
The detailed version
- Ahmed v. Schumer · No. 1:23-cv-04724
- Laura Swain
- Aug. 15, 2023
Background
Jamoda Fuller Ahmed, who represented herself, sued Senator Chuck Schumer in his capacity as Majority Leader of the United States Senate. On July 27, 2023, the court dismissed the action for failure to state a claim on which relief could be granted and for lack of subject-matter jurisdiction. The court had found that Ahmed did not provide enough factual detail to plausibly show that Schumer or another federal officer violated her federally protected rights. It also found that Schumer was protected from liability for actions taken in his official capacity as a senator by sovereign immunity and legislative immunity.
The court had warned Ahmed that additional vexatious or frivolous litigation could lead to an order requiring her to obtain permission before filing new civil actions in that court. Ahmed later submitted a notice of motion and a declaration containing allegations concerning discrimination, civil-rights violations, legislative conduct, family members’ experiences, and other matters. The court read those submissions liberally because Ahmed was representing herself.
Requests for Relief
The court treated the submissions as one motion seeking relief under Federal Rule of Civil Procedure 59(e), which permits a party to ask the court to alter or amend a judgment; Local Civil Rule 6.3, which permits reconsideration; and Federal Rule of Civil Procedure 60(b), which permits relief from a judgment or order for specified reasons or, in exceptional circumstances, for another reason justifying relief.
For Rule 59(e) and Local Civil Rule 6.3, the court explained that Ahmed had to show that it overlooked controlling law or factual matters already presented. The court found that her filings, like her complaint, consisted of phrases, disconnected information, and case citations without supporting facts connecting them to Schumer. The court also found that she did not provide enough factual detail to plausibly show that Schumer personally and directly violated her federally protected rights. It denied relief under both Rule 59(e) and Local Civil Rule 6.3.
For Rule 60(b), the court found that Ahmed had not shown that any of the first five specified grounds applied, including mistake, newly discovered evidence, misconduct, a void judgment, or satisfaction or reversal of the judgment. It also found no extraordinary circumstances supporting relief under Rule 60(b)(6). The court therefore denied relief under Rule 60(b).
Disposition
The court denied the motion and terminated all other pending matters. It stated that the matter was closed and directed the clerk not to accept further submissions under the closed case number, except papers directed to the United States Court of Appeals for the Second Circuit. The court again warned that further vexatious or frivolous litigation could result in a requirement that Ahmed obtain prior court permission before filing new civil actions without paying filing fees. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.