Becker Hurd v. Long
8:23-cv-00285-JFB-PRSE
D. Neb.Dec 12, 2023Background
- Susann Becker Hurd, proceeding pro se and in forma pauperis, brought a § 1983 suit against multiple defendants, including private individuals, a school district, and a private company.
- Plaintiff alleged interference with her parent-child relationship through deceit, fraud, misuse of law, hazardous working conditions for her daughter at a company, and covering up her daughter’s injuries.
- Plaintiff asserted that defendants did not inform her about her daughter’s health and whereabouts and allegedly made false abuse/neglect reports against her.
- The lawsuit sought over $100 million in damages.
- The complaint was unsigned and failed to correct this deficiency despite court notice.
- The matter is before the court for initial review pursuant to 28 U.S.C. § 1915(e)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal subject matter jurisdiction | Constitutional and federal claim under § 1983 | No federal cause of action, no diversity, all parties Nebraska residents | No federal question or diversity jurisdiction |
| State action under § 1983 | Defendants acted under color of law | Defendants are private parties without state authority | No state action adequately alleged |
| Municipal liability under § 1983 (school district) | School district responsible for actions affecting daughter | No allegation of official policy causing constitutional violation | No Monell liability; no policy or custom alleged |
| Sufficiency and particularity of pleading (fraud/alleged legal wrongs) | Defendants committed deceit and fraud impacting rights | Allegations are conclusory; lack specific supporting facts | Failed to plead sufficient factual matter; complaint dismissed |
| Deficiency of unsigned complaint | — | — | Complaint subject to dismissal for noncompliance |
| Motion to appoint counsel; Request for transfer admissions | Entitled to counsel, relief on filings | — | Motions denied |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading standard for plausibility)
- Ashcroft v. Iqbal, 556 U.S. 662 (facial plausibility requirement in pleadings)
- Haines v. Kerner, 404 U.S. 519 (liberal construction of pro se complaints)
- West v. Atkins, 487 U.S. 42 (requirement of state action under § 1983)
- Monell v. Dep't of Social Servs., 436 U.S. 658 (municipal liability under § 1983)
- Erickson v. Pardus, 551 U.S. 89 (fair notice pleading standard)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (federal courts’ limited jurisdiction)