Hennings v. Adams

Background

Velyn A. Hennings proceeded without a lawyer and without prepaying filing fees. She sued Eric Adams, identified as Mayor; Commander Mackie, identified as the commanding officer of New York City Police Department Transit Bureau District 33; and the Personnel Director for the New York City Parks Opportunity Program.

Hennings alleged that her rights were violated at Penn Station, Grand Central Station, and an office building in Manhattan in connection with what she called an ongoing “illegal hearing.” She wrote that transportation officers accessed information in a system and posted information about the hearings. In an attached statement, she said that Metropolitan Transportation Authority police obtained her personal data, entered it into a computer, and contacted Parks Department personnel. She also referred to medical treatment at Split Rock Nursing Center and Rehabilitation and Bellevue Hospital. In the requested-relief section, she wrote that the Biden Administration had agreed to pay $753 million.

Court’s analysis

Because Hennings was proceeding without prepaying fees, the court was required to review the complaint and dismiss it if it was frivolous, malicious, failed to state a claim for relief, or sought money from an immune defendant. The court also had to dismiss claims over which it lacked subject-matter jurisdiction. Although courts read self-represented complaints liberally, the complaint still had to provide a short and plain statement of the facts supporting each claim.

The court concluded that Hennings did not provide enough facts about what the defendants did or how their actions violated her rights. The allegations were too unclear to give each defendant fair notice of the claims and the grounds for them. The court therefore dismissed the complaint for failure to state a claim for relief under 28 U.S.C. § 1915(e)(2)(B)(ii).

Leave to amend and disposition

The court granted Hennings 60 days to file an amended complaint. The amended complaint must replace, rather than supplement, the original complaint, so Hennings must repeat any facts or claims she wants the court to consider. The court directed her to identify the relevant people and titles, describe what each defendant did or failed to do, provide approximate dates and locations, describe her injuries, and state the relief she seeks. No summons would issue at that time.

If Hennings failed to file a compliant amended complaint within the allowed period and could not show good cause for the failure, the court stated that it would direct the Clerk of Court to enter judgment consistent with the order. The court also certified that an appeal would not be taken in good faith and denied Hennings the ability to proceed without prepaying fees for an appeal. Chief Judge Laura Taylor Swain signed the order on August 28, 2023.