Solomon v. Lorain County Printing and Publishing Company
1:19-cv-00449
N.D. OhioJun 11, 2019Background
- Pro se plaintiff Aaron Albert Solomon sued Lorain County Printing and Publishing Co., the Elyria Chronicle-Telegram, reporter Scott Mahoney, and several newspaper officers alleging an article called him a “repeat violent predator.”
- Solomon alleges the statement is false (he says he was never charged or convicted of rape) and asserts state-law tort claims: defamation, libel, slander, intentional infliction of emotional distress, malicious reporting, and negligence.
- He sought injunctive relief to prevent future similar publications and money damages.
- The Complaint contains only state-law claims and the parties appear to be Ohio citizens, so no diversity or federal-question jurisdiction is asserted on the face of the filing.
- The Court granted Solomon's in forma pauperis application but dismissed the action for lack of subject-matter jurisdiction under 28 U.S.C. § 1915(e) and certified any appeal would not be taken in good faith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction — diversity | Solomon alleges state torts; implies federal forum is appropriate | Defendants are Ohio citizens; diversity does not exist | No diversity jurisdiction; parties appear to be citizens of same state |
| Subject-matter jurisdiction — federal question | Solomon pled state-law causes of action | Complaint raises no federal claim | No federal-question jurisdiction; no federal cause of action pleaded |
| Receipt of in forma pauperis status | Solomon sought IFP | N/A | IFP application granted |
| Dismissal and appealability | Solomon sought damages and injunctive relief | N/A | Action dismissed under 28 U.S.C. § 1915(e); appeal not in good faith |
Key Cases Cited
- Ohio ex rel. Skaggs v. Brunner, 549 F.3d 468 (6th Cir. 2008) (federal courts are courts of limited jurisdiction)
- Caterpillar Inc. v. Williams, 482 U.S. 386 (1987) (well-pleaded complaint rule governs federal-question jurisdiction)
- Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1 (1983) (analysis of when a complaint presents a federal question)