Johnson v. 195 Mill Steet Market
- Laura Swain
- 1:24-cv-01879
- U.S. District Court · Southern District of New York
- 8
In Johnson v. 195 Mill Street Market, Judge Swain dismissed the complaint for lack of jurisdiction but allowed amendment within 30 days.
Robert E. Johnson may file an amended complaint within 30 days; the named private defendants remain parties unless the case is otherwise closed.
What happened
In Johnson v. 195 Mill Street Market, Robert E. Johnson, representing himself, sued 195 Mill Street Market, its owner and employee “Jacob,” 146 Mill Street Market, and R&S Market. He alleged that defendants stole lottery tickets, threatened him, used racial slurs, sold unsafe cigarettes, and sold alcohol illegally. He sought an investigation, criminal prosecution, reimbursement for lottery winnings, and money damages.
The court said Johnson did not identify a valid federal claim. His possible constitutional claim under Section 1983 could not proceed because the defendants were private parties, not government actors. The court also found that Johnson had not alleged the facts needed for diversity jurisdiction, including the parties’ citizenship. The court therefore lacked authority to hear the case.
Judge Laura Taylor Swain dismissed the complaint for lack of subject matter jurisdiction and gave Johnson 30 days to file an amended complaint addressing the jurisdictional problems. If he does not amend within that time, the Clerk will be directed to enter judgment. The court also denied permission to proceed without paying fees for any appeal and kept the matter open until a civil judgment is entered.
The detailed version
- Johnson v. 195 Mill Steet Market · No. 1:24-cv-01879
- Laura Swain
- Apr. 29, 2024
Background
Robert E. Johnson, who was detained at the Dutchess County Jail and proceeded without a lawyer, filed an action against 195 Mill Street Market, the owner and employee “Jacob,” 146 Mill Street Market, and R&S Market. The complaint alleged that “Jacob” and the owner of 195 Mill Street Market took approximately seven or eight New York lottery tickets worth more than $42,000 and threatened Johnson with guns and death. Johnson also alleged that defendants used racial slurs and spit on him.
Johnson further alleged that the owners of 195 Mill Street Market and R&S Market sold fake, untaxed Newport cigarettes that caused dangerous health effects, and sold alcohol to underage people and after legally permitted hours. He requested an investigation and criminal prosecution, reimbursement for the lottery-ticket winnings, and additional money damages. The court had previously allowed him to proceed without paying the filing fee in advance.
Jurisdiction and Claims
The court explained that federal district courts generally have jurisdiction over federal questions and disputes between citizens of different states that exceed the statutory amount in controversy. Johnson invoked federal-question jurisdiction, but the allegations did not show a viable claim arising under federal law.
To the extent Johnson intended to bring constitutional claims under 42 U.S.C. § 1983, the court held that he had not alleged that any defendant acted under color of state law. Section 1983 generally does not impose liability on private parties, and the complaint did not allege that defendants worked for a state or other government body.
The court also explained that Johnson could not use this civil action to initiate an arrest or criminal prosecution. The decision whether to prosecute belongs to prosecutors, and neither a private citizen nor the court can direct prosecutors to bring criminal charges.
The court separately found no diversity jurisdiction. Although Johnson sought more than $75,000, he did not state where he was domiciled before his detention, where the individual defendants resided, or the states where the market businesses were incorporated or had their principal places of business. The court therefore concluded that Johnson had not shown that all parties were citizens of different states.
Disposition
The court dismissed the complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). It granted Johnson 30 days’ leave to replead by filing an amended complaint that alleges facts supporting federal-question jurisdiction or diversity jurisdiction. If he does not file an amended complaint within the permitted time, the Clerk will be directed to enter judgment.
The court certified that any appeal would not be taken in good faith and denied Johnson permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to keep the matter open on the docket until a civil judgment is entered. Judge Laura Taylor Swain signed the order.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.