Cavienss v. James
1:25-cv-04779
| E.D.N.Y | Sep 24, 2025Background
- Plaintiff Stanley Cavienss, a pro se litigant, sued multiple NY officials and political groups on 9/8/2025.
- Plaintiff alleges violations of the Hatch Act, Title VII, and the Voting Rights Act, with unclear requested relief.
- Plaintiff sought to proceed IFP, which the court granted solely for purposes of the order.
- Defendants named include Letitia James, Kathy Hochul, Zohran Mamdani, Brad Lander, Our Black Party, and the Working Families Party.
- The court sua sponte treats the complaint as lacking legal basis and grants dismissal under 28 U.S.C. § 1915(e)(2).
- Court notes Plaintiff’s prior vexatious filings and warns of potential injunctions restricting future IFP filings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a plausible claim. | Cavienss alleges systemic election manipulation and rights violations. | Allegations are frivolous and lack plausibility under governing standards. | No plausible claim; dismissal for failure to state a claim. |
| Whether dismissal for frivolity is proper under 28 U.S.C. § 1915(e)(2). | Plaintiff asserts legitimate legal rights and seeks relief. | Allegations are indisputably meritless and legally baseless. | Frivolous dismissal warranted; action dismissed under § 1915(e)(2). |
| Whether leave to amend should be granted. | Possibility of curing defects with amendments is implied by liberal pleading standards. | Amendment would be futile given the facial frivolity of claims. | Leave to amend denied; amendment would be futile. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleading claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (twombly-ii plausibility standard; legal conclusions not accepted)
- Erickson v. Pardus, 551 U.S. 89 (2007) (liberal construction for pro se pleadings)
- Haines v. Kerner, 404 U.S. 519 (1972) (liberal treatment of pro se complaints)
- Neitzke v. Williams, 490 U.S. 319 (1989) (frivolousness standard for in forma pauperis actions)
- Dolan v. Connolly, 794 F.3d 290 (2d Cir. 2015) (inherent power to dismiss frivolous claims without leave to amend)
- Salahuddin v. Cuomo, 861 F.2d 40 (2d Cir. 1988) (frivolous on face; justify dismissal without amendment)