Clarke v. Budget Suites of America LLC N
2:24-cv-00422
D. Nev.Mar 4, 2024Background
- Plaintiff Karyl Clarke sought to proceed in forma pauperis and filed a civil rights complaint against Budget Suites of America LLC and three security personnel.
- Clarke alleged causes of action for assault, battery, false arrest, false imprisonment, and excessive use of force, all stemming from an incident at a property in Las Vegas, Nevada.
- The complaint did not specify the state residency of the defendants, nor clearly allege facts supporting federal jurisdiction.
- Plaintiff attempted to raise a federal claim under 42 U.S.C. § 1983 but did not allege that defendants were state actors or acted under color of state law.
- The court was required to screen the complaint under 28 U.S.C. § 1915(e)(2) to determine if the court had subject matter jurisdiction.
- The court granted Clarke’s application to proceed in forma pauperis but dismissed the complaint without prejudice, allowing leave to amend by a specified date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction (diversity) | Clarke did not plead necessary facts for jurisdiction | Not stated | Court held diversity jurisdiction not established |
| Federal question jurisdiction (§1983) | Clarke alleged "violation of 42 U.S.C. § 1983" | Not stated | Court held §1983 claim insufficient, no state action |
| Sufficiency of factual pleading | Clarke’s complaint had insufficient jurisdictional facts | Not stated | Court held complaint deficient, allowed leave to amend |
| Pro se pleading standards | Clarke submitted as a pro se litigant | Not stated | Court directed to amend with guidance and instructions |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (setting pleading standard for plausibility in civil complaints)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility requirement, more than labels and conclusions)
- West v. Atkins, 487 U.S. 42 (1988) (defining state action under § 1983)
- Graham v. Connor, 490 U.S. 386 (1989) (standards for Fourth Amendment excessive force claims)
- Rasul v. Bush, 542 U.S. 466 (2004) (jurisdiction of federal courts)
- Wyler Summit P’ship v. Turner Broad. Sys. Inc., 135 F.3d 658 (9th Cir. 1998) (facts must be viewed in light most favorable to plaintiff)