Weese v. Kalamazoo Country Metro Transit System
1:17-cv-00404
W.D. Mich.May 10, 2017Background
- Plaintiff Dan Weese, proceeding in forma pauperis, sued Kalamazoo County Metro Transit System alleging he was forced to move his grocery cart while riding public transit, which he contends is unreasonable because of his disabilities.
- The magistrate judge performed the required initial review under 28 U.S.C. § 1915(e)(2) to determine whether the complaint is frivolous or fails to state a claim.
- The complaint consisted of a single paragraph with factual allegations that the magistrate judge characterized as minimal and conclusory.
- The court applied the Twombly/Iqbal pleading standard (plausibility requirement) in assessing whether the complaint states a claim under Rule 12(b)(6).
- The magistrate judge concluded that, even if accepted as true, the pleaded facts did not rise above mere possibility and failed to state a plausible claim; recommended dismissal with prejudice.
- The magistrate judge also found no objectively reasonable basis for an appeal and recommended that, if Weese appeals, the appellate filing fee be assessed under § 1915(b)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint plausibly alleges a legal claim under Rule 12(b)(6) (Twombly/Iqbal) | Weese: being forced to move his grocery cart while on public transit is unreasonable given his disabilities | Kalamazoo Metro: (implicitly) the allegations are insufficient and conclusory, failing to state a plausible legal claim | The court held the complaint fails Twombly/Iqbal plausibility standards and recommended dismissal with prejudice |
| Whether an appeal would be taken in good faith under 28 U.S.C. § 1915(a)(3) | Weese: (not argued in opinion) | Court: the claim lacks arguable legal or factual basis | The court held there is no good-faith basis for appeal and recommended assessment of the $505 appellate filing fee under § 1915(b)(1) |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (establishes plausibility standard for pleading)
- Ashcroft v. Iqbal, 556 U.S. 662 (applies and explains Twombly plausibility and limits on conclusory allegations)
- Bassett v. National Collegiate Athletic Ass'n, 528 F.3d 426 (documents attached to or cited by complaint may be considered on a Rule 12(b)(6) review)
- McGore v. Wrigglesworth, 114 F.3d 601 (procedure for assessing filing fees for pauper appeals)
- Coppedge v. United States, 369 U.S. 438 (defines objective standard for good-faith appeals)
- Dellis v. Corr. Corp. of Am., 257 F.3d 508 (appeal not in good faith if frivolous)
- Thomas v. Arn, 474 U.S. 140 (failure to object to a magistrate judge’s report may waive appeal rights)
- United States v. Walters, 638 F.2d 947 (same; procedural waiver for failure to timely object)