Solomon v. Allstate Insurance Idemnity Policy 000000886169059
8:23-cv-00207-JFB-PRSE
| D. Neb. | Aug 4, 2023Background
- Pro se Plaintiff Ava Solomon, proceeding in forma pauperis, sued an Allstate insurance policy (and Allstate Insurance) and Ethan Chavez alleging claims arising from an automobile accident, insurance denial, and assorted civil‑rights and tort theories.
- Complaint consisted largely of vague, conclusory assertions (e.g., "intentional insurance tort violations," "discriminatory practices," and an allegation that Chavez "killed my son") and sought $200,000 in damages.
- Plaintiff filed motions for mediation and two motions for hearings prior to or during initial review.
- The Court screened the complaint under 28 U.S.C. § 1915(e)(2) and found the pleading fails to state a claim and does not adequately allege federal‑question or diversity jurisdiction.
- The Court denied the mediation/hearing motions as premature, dismissed the complaint for pleading defects but sua sponte granted Solomon 30 days to file an amended complaint and directed the Clerk to provide a civil complaint form.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject‑matter jurisdiction (federal question) | Claims arise under civil‑rights, fair housing, and equal opportunity statutes | N/A (court evaluated) | Complaint fails to plead facts establishing a federal question; jurisdiction not adequately alleged; amendment required |
| Subject‑matter jurisdiction (diversity) | Diversity exists (Plaintiff alleges Nebraska citizenship; Allstate incorporation alleged) | N/A (court evaluated) | Diversity not adequately pleaded (missing principal place of business and defendants' citizenship); amendment required |
| Failure to state a claim (Rule 8/Twombly/Iqbal) | Allegations of insurance torts, discrimination, policy misuse, and vehicular murder/coverage denial | N/A (court evaluated sufficiency) | Complaint is conclusory and unintelligible as to who did what, when, and how; fails to state a plausible claim; must be amended or will be dismissed |
| Motions for mediation/hearings | Requests to mediate and for preliminary hearings | N/A | Denied as premature because the complaint must first be cured and allowed to proceed |
Key Cases Cited
- Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843 (8th Cir. 2014) (pro se complaints must give fair notice and are construed liberally)
- Erickson v. Pardus, 551 U.S. 89 (2007) (Rule 8 notice‑pleading standard summary)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (factual content must permit reasonable inference of liability)
- Bilal v. Kaplan, 904 F.2d 14 (8th Cir. 1990) (federal question jurisdiction must clearly appear)
- Koll v. Wayzata State Bank, 397 F.2d 124 (8th Cir. 1968) (incomprehensible pleadings do not adequately plead federal jurisdiction)
- Ryan v. Schneider Nat'l Carriers, Inc., 263 F.3d 816 (8th Cir. 2001) (diversity requires each plaintiff to be a citizen different from each defendant)
- Janzen v. Goos, 302 F.2d 421 (8th Cir. 1962) (residence does not equal citizenship for diversity purposes)