Hankerson v. 125 Worth St. Department of Health Vital Records

Background

Theresa Hankerson, representing herself, sued in connection with her attempts to obtain records from the New York City Department of Health’s vital records department on Worth Street in New York County. The complaint said that in September, October, and November 2023, she requested death certificates for her birth parents and later requested “the original birth certificate.” According to the complaint, a supervisor told her that because her sister raised her, the sister would be listed on her adopted birth certificate.

The caption identified the Department of Health as the defendant, but the complaint repeatedly referred to a Department of Health supervisor as the defendant. Hankerson did not provide additional information and did not complete the complaint form’s sections concerning injury and requested relief. The court had previously allowed her to proceed without paying filing fees upfront.

Court’s Analysis

The court screened the complaint under the statute governing complaints filed without prepayment of fees. It explained that a complaint must provide enough factual detail to make a claim legally plausible and must give the defendant fair notice of the allegations. Although courts read self-represented litigants’ pleadings liberally, those pleadings still must include a short and plain statement showing entitlement to relief.

The court concluded that Hankerson’s complaint did not meet that standard because it did not give the Department of Health supervisor fair notice of the claims. The court also found that the alleged conduct—providing information about Hankerson’s birth certificate—did not suggest a violation of a federal or constitutional right. It therefore dismissed the complaint for failure to state a claim on which relief may be granted.

Disposition

The court dismissed Hankerson’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), with 30 days’ leave to replead. It granted her permission to amend the complaint to provide more details about her attempts to obtain her records and her claims. If she did not file an amended complaint within the allowed time, the clerk would be directed to enter judgment.

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appellate fees. The court directed the clerk to keep the matter open on the docket until a civil judgment was entered.