Abadi v. American Airlines Inc.

Background

Aaron Abadi, who was representing himself, sued under the Air Carrier Access Act, sections 1985 and 1986 of Title 42, Section 504 of the Rehabilitation Act of 1973, and federal diversity jurisdiction. He alleged that the defendants discriminated against him and prohibited him from traveling. The court had previously allowed him to proceed without prepaying filing fees.

Screening standard

Because Abadi was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of claims that are frivolous, fail to state a legally sufficient claim, seek money from an immune defendant, or otherwise fall within the statute’s dismissal grounds. The court also noted that it must dismiss claims over which it lacks subject-matter jurisdiction. Although courts read self-represented complaints liberally, the complaint still must provide enough factual detail to make the requested relief plausible.

Claims against federal defendants

The court treated Abadi’s allegations that his constitutional rights were violated by President Biden, the National Institutes of Health, Dr. Anthony Steven Fauci, the Centers for Disease Control and Prevention, Dr. Robert Ray Redfield, Jr., and the United States Department of Health and Human Services as claims against federal officials and federal agencies under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics.

The court dismissed all claims against those defendants. It held that sovereign immunity barred suits against the federal government and federal agencies unless immunity had been waived. The court also stated that Abadi did not allege that he had completed the administrative process required for a claim under the Federal Tort Claims Act. In addition, the court stated that the President was absolutely immune from damages claims based on official acts. The court characterized the claims against these defendants as barred by sovereign immunity, absolute immunity, and frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii).

Service on remaining defendants

The court did not dismiss the claims against the remaining defendants at this stage. Because Abadi had permission to proceed without prepaying fees, the court ordered the Clerk of Court to prepare the required service forms, issue summonses, and deliver the necessary papers to the U.S. Marshals Service. The remaining defendants included 46 airlines, several employees, two attorneys, and two medical advisory groups, although the opinion does not list all of them by name.

The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Abadi should request an extension. The court also required him to notify the court in writing if his address changes and referred him to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases.

Disposition

The court dismissed Abadi’s claims against President Biden, the National Institutes of Health, Dr. Fauci, the Centers for Disease Control and Prevention, Dr. Redfield, and the Department of Health and Human Services. It ordered service on the remaining defendants. The court certified that an appeal would not be taken in good faith and denied Abadi permission to proceed without prepaying fees for an appeal. The order does not state that the dismissed claims were dismissed with or without prejudice.