Care v. D'Agostino

Background

Rosella Care, appearing without a lawyer, sued Nancy Agostino. The complaint alleged that Agostino, identified as the former Director of Calvary Hospital, improperly placed her own name on Care’s mother Nazzrena Care’s death certificate even though Agostino was not present at the home and was not a physician. Care sought money damages for emotional distress and pain. The complaint referred to the Public Health and Welfare Act and the False Claims Act, and also mentioned an unidentified doctor, but only Agostino was named as a defendant.

The court had previously allowed Care to proceed without paying filing fees upfront. That required the court to dismiss the complaint if it was frivolous, malicious, failed to state a claim, sought relief from an immune defendant, or fell outside the court’s authority.

Jurisdiction

The court explained that federal-question jurisdiction exists when a case arises under federal constitutional or statutory law. Care did not explain how the Public Health and Welfare Act or the False Claims Act applied to Agostino’s alleged conduct, and the court could not identify a viable federal claim based on the allegations. The court therefore found that Care had not shown that federal law created her cause of action or that her right to relief depended on resolving a substantial federal question.

The court also considered diversity jurisdiction, which can allow federal courts to hear state-law claims when the plaintiff and defendant are citizens of different states and more than $75,000 is at stake. The court found that Care and Agostino were not citizens of different states, so diversity jurisdiction was unavailable.

Ruling

The court dismissed the action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). It declined to give Care permission to amend because it found that the defects could not be corrected through amendment. The court terminated all other pending matters, directed the Clerk to enter judgment, and certified that an appeal would not be taken in good faith; it therefore denied Care permission to appeal without paying fees.

Name discrepancy

The case name supplied with the opinion is “Care v. D'Agostino.” The caption identifies the defendant as “NANCY AGOSTINO,” while portions of the opinion refer to her as “Nancy Dagostino.”