Tillman v. USPS

Background

Trevor Tillman, proceeding without a lawyer, sued the United States Postal Service and sought money damages. He based his claims on the Health Insurance Portability and Accountability Act (HIPAA). He alleged that his claims arose in 2016 or 2017 at 1000 Westchester Avenue. His factual allegations stated only: “I Trevor Tillman was in a certain diagnosis or depression which caused a personal outcome.” He also referred to being behind on child support and other bills, an upfront payment for a residence, an emergency fund, a thrift savings plan, a buyout of assets, and related matters.

The court had previously allowed Tillman to proceed without paying filing fees in advance. It reviewed the complaint under the screening requirements for such cases, which require dismissal of claims that are frivolous, malicious, fail to state a claim for relief, or seek money from an immune defendant. The court also noted that it must dismiss claims over which it lacks subject-matter jurisdiction.

HIPAA claims

The court held that HIPAA does not create a private cause of action, meaning that an individual cannot sue under HIPAA to enforce its medical-privacy provisions. HIPAA instead gives enforcement authority to the Secretary of the Department of Health and Human Services. The court therefore dismissed Tillman’s HIPAA claims for failure to state a claim and instructed him not to include a HIPAA claim in an amended complaint.

Insufficient factual allegations

The court also dismissed the claims under Rule 8 of the Federal Rules of Civil Procedure. Rule 8 requires a complaint to give a short and plain statement of facts showing why the plaintiff is entitled to relief. The court found that Tillman had not alleged enough facts to tell USPS what it supposedly did or failed to do, or how that conduct violated his rights. The court said the allegations suggested that Tillman may once have been employed by USPS, but did not establish a violation of a federal statute. It also noted that the claims appeared to arise about seven or eight years earlier and might be time-barred unless equitable tolling applied. In addition, because USPS is a federal agency, a damages claim would require a statute that overrides the federal government’s sovereign immunity.

State-law claims and amendment

After dismissing the federal claims, the court declined to exercise supplemental jurisdiction, meaning its authority to hear related state-law claims, over any state-law claims Tillman might be asserting.

The court granted Tillman 30 days’ leave to amend because it was unclear whether the defects could be corrected. The amended complaint must explain who violated Tillman’s federally protected rights; what each defendant did or failed to do; when and where the events occurred; what injuries resulted; and what relief he seeks. It must also provide the names and titles of relevant people and addresses for named defendants when available. If Tillman does not amend within the allowed period, the Clerk of Court will be directed to enter judgment dismissing the federal claims for failure to state a claim and declining supplemental jurisdiction over the state-law claims.

Disposition

The court dismissed the complaint under the federal screening statute, with 30 days’ leave to replead. It certified that any appeal would not be taken in good faith and denied fee-free filing status for purposes of an appeal. The Clerk was directed to keep the matter open until a civil judgment is entered.