WILLIAM H. STEELE, District Judge.
This matter comes before the Court on Defendants' Motion to Dismiss or, in the Alternative, Motion for More Definite Statement (doc. 2). The Motion has been briefed and is now ripe for disposition.
Plaintiff, Brandon J. Walker, who is proceeding pro se, commenced this action in Mobile County Circuit Court against defendants, Mobile Police Department and the City of Mobile. On February 3, 2017, Circuit Judge Brooks entered an Order requiring Walker to submit a more definite statement of his vague claims. (Doc. 1-1, at 50.) Walker endeavored to comply by filing what he styled his "First Amended Complaint" on February 16, 2017. (Id. at 58-61.) In that First Amended Complaint, Walker alleged for the first time that defendants had violated his federal constitutional rights.
Upon careful review of Walker's four-page pleading, it is extraordinarily difficult to ascertain what he is alleging and what his claims for relief might be. The First Amended Complaint references "three incidents" that Walker says amount to a "violation of the plaintiffs 4
(Doc. 1-1, at 59.) The second incident, alleged to have taken place on or about June 6, 2015, involved a MPD officer being "called on a personal cell phone by the false reporter, Again knowingly of the false statements and harassment of reporter, set on the phone with reporter and I'm guessing was going to show up and arrest me for something." (Id.)
As for the third incident, the Complaint alleges that Walker called the police to his residence on or about August 22, 2015, based on "harassment and assault from some guys across street." (Id. at 60.) According to the Complaint, the MPD officer who responded to Walker's call "immediately started to harass and assault me, 13A-11-8 harassing communication," told Walker "they didn't want [him] here," and placed her hand on her gun. (Id.) Walker alleges that this MPD officer "was negligent, rude, and beyond scope of power and out of context. Violating US 42 Section 1983 deprivation of rights and in Violation of plaintiffs 4
The Complaint concludes that "[a]ll three incidents leading to the more violation of US 42 sec 1983 deprivation of rights set forth by the constitution and violation plaintiffs of 4
Defendants now move for dismissal of the First Amended Complaint pursuant to Rule 12(b)(6), Fed.R.Civ.P., for the stated reason that the pleading fails to comply with minimum pleading requirements prescribed by Rule 8(a)(2) as well as the Twombly / Iqbal line of authorities. Alternatively, defendants request that Walker be ordered to file a more definite statement pursuant to Rule 12(e), on the grounds that his First Amended Complaint is so vague or ambiguous that defendants cannot reasonably prepare a response.
For purposes of a Rule 12(b)(6) analysis, the Court accepts as true all well-pleaded factual allegations of the First Amended Complaint, and draws all reasonable inferences in the plaintiff's favor. See, e.g., Keating v. City of Miami, 598 F.3d 753, 762 (11
"To survive a 12(b)(6) motion to dismiss, the complaint . . . must give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Randall v. Scott, 610 F.3d 701, 705 (11
As noted, Walker is pursuing his claims against the City of Mobile and MPD without the benefit of legal representation. "[A] plaintiff's pro se status must be considered alongside the pleading requirements of Twombly and Iqbal." Johnson v. Infirmary Health System, Inc., 2013 WL 6062587, *2 (S.D. Ala. Nov. 18, 2013) (citation omitted).
On the face of the First Amended Complaint, it appears that Walker is attempting to assert federal constitutional claims against defendants under 42 U.S.C. § 1983 for violating his Fourth Amendment rights, as well as state-law claims for violation of Alabama Code § 13A-11-8.
The trouble is that it is impossible to discern from the factual allegations what Walker says the defendants did to infringe upon his Fourth Amendment right to be free from unreasonable search and seizure. At best, the Complaint references three interactions that Walker had with Mobile Police Department officers between May and August 2015, in which Walker claims they engaged in "taking false statements," "[b]eing barbaric," and "allow[ing] swindle;" received a telephone call that prompted Walker to be "guessing" that an officer "was going to show up and arrest [him] for something;" and notified Walker that "15 unknown complete strangers . . . didn't want [him] here," while being "negligent" and "rude."
None of these allegations appear to have anything to do with the Fourth Amendment, which protects against unreasonable searches and seizures. See, e.g., May v. City of Nahunta, Georgia, 846 F.3d 1320, 1327 (11
Similarly, the First Amended Complaint mentions the phrase "false arrest" several times. A claim for false arrest requires, at a bare minimum, an arrest. See, e.g., Shaw v. City of Selma, ___ F. Supp.3d ____, 2017 WL 1025677, *10 (S.D. Ala. Mar. 15, 2017) ("a § 1983 false arrest claim requires an arrest"); Ex parte Harris, ___ So.3d ____, 2016 WL 4204837, *9 (Ala. July 29, 2016) ("A false arrest requires proof that the defendant caused [him] to be arrested without probable cause.") (citations and internal quotation marks omitted). The First Amended Complaint lacks any facts suggesting that defendants ever arrested Walker or caused Walker to be arrested during the incidents in question, much less tending to show that any such arrests were not supported by probable cause.
With respect to all of these claims, Walker offers conclusory statements that defendants violated his Fourth Amendment rights, that they falsely arrested him and so on. But he provides no facts to support these statements. As the Twombly / Iqbal line of authorities teaches, cursory labels and blanket statements do not suffice. Thus, Walker has fallen well short of the basic pleading requirements of the Federal Rules of Civil Procedure, as summarized above. Despite being given an opportunity in state court to replead his defective complaint, Walker continues to rely on vague and often incoherent factual allegations tethered to conclusory legal statements that defendants violated the Fourth Amendment or otherwise harmed him. That is simply not sufficient in a federal court pleading.
In reaching this conclusion, the Court has taken into account Walker's pro se status. Although pro se pleadings are liberally construed, Walker's unrepresented status does not excuse him from compliance with procedural rules. See, e.g., Moton v. Cowart, 631 F.3d 1337, 1341 n.2 (11
The remaining question is what action the Court should take, given these procedural failings in the First Amended Complaint. Defendants have asked that either this action be dismissed or that Walker be required to replead his claims in a Second Amended Complaint. Under the circumstances, the Court finds that the latter course of action is more appropriate. As a general rule, at least in the pro se context, "[w]here a more carefully drafted complaint might state a claim, a plaintiff must be given at least one chance to amend the complaint before the district court dismisses the action with prejudice." Odion, 628 Fed.Appx. at 637.
Walker is cautioned that this Court cannot and will not give him legal advice, draft his complaint for him, or overlook pleading defects merely because he does not have a lawyer. Walker is further cautioned that this opportunity to amend his pleading will be his last chance to satisfy Twombly / Iqbal. If this second amended complaint (his third iteration of a pleading altogether) remains defective, then this action may be summarily dismissed. Accordingly, Walker is strongly advised to consult with legal counsel for assistance in identifying, framing and pleading any claims he might wish to assert in this action in a manner that conforms to applicable pleading standards, the Federal Rules of Civil Procedure, and substantive law.
For all of the foregoing reasons, it is
DONE and ORDERED.