MARGARET A. NAGLE, Magistrate Judge.
On September 24, 2014, Jasper Crook ("plaintiff"), proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983 ("Complaint"). Plaintiff named the following defendants: San Bernardino County Department of Child Support Services (sued as "State of California San Bernardino County Department of Child Support Services for San Bernardino"); Dana Nicole Thibedeaux; Connie Brunn; Randall Dancer; Gabriel Mendez; Angela Calderon; Ingrid Peach; Armando Perez; and Does 1 through 10.
On October 16, 2014, the County of Bernardino ("County"), Connie Brunn, Randall Dancer, Gabriel Mendez, Angela Calderon, and Armando Perez (collectively "County Defendants") filed a motion to dismiss pursuant to Rules 8(a) and 41(b) of the Federal Rules of Civil Procedure ("Motion"). On October 17, 2014, the Court vacated the hearing date on the Motion and set a briefing schedule. On October 28, 2014, plaintiff filed an Opposition to the Motion. On November 10, 2014, the County Defendants filed a Reply.
The Motion is submitted and ready for decision.
Plaintiff and defendant Dana Thibedeaux are the parents of a child. (Complaint at 3-6.) The other individual defendants all have some connection with the San Bernardino County Department of Child Support Services ("DCSS"), although plaintiff does not describe their titles or responsibilities. (Id. at 3.) This action stems from DCSS's enforcement of plaintiff's child support obligations. The underlying facts, however, are murky.
Plaintiff complains that, in 1996, his driver's license was suspended for nonpayment of child support despite lack of evidence of paternity. (Complaint at 3-4.) He does not allege whether the suspension is ongoing. He further alleges that unnamed DCSS agents, working together with Thibedeaux, forced him to sign a contact under duress. The DCSS agents misrepresented the nature of the contract and failed to disclose critical provisions regarding visitation and means of payment. For instance, plaintiff never agreed to bank levies or credit liens as means of collecting child support payments. (Id. at 4.) Plaintiff does not allege when the contract was signed, but complains that Thibedeaux breached it in some unspecified manner a week later, and DCSS refused to enforce it against her. (Id. at 4-5.) He also contends that DCSS fraudulently billed him for "months and years" when Thibedeaux did not have physical custody of the child. (Id. at 5.)
Plaintiff alleges that he notified defendants Perez and Peach that Thibedeaux was fraudulently collecting welfare payments under multiple identities, but they refused to act against her. (Complaint at 6.) DCSS also violated plaintiff's equal protection rights when Doe 2 appeared in court on behalf of Thibedeaux, but refused to represent plaintiff due to his gender. (Id.)
Plaintiff contends that the County Defendants have violated due process by searching his financial records and taking his property without a prior hearing. (Complaint at 6.) They have repeatedly seized funds from various sources to collect on what plaintiff contends is a fraudulent, unverified debt. (Id. at 6-7.) Plaintiff alleges that DCSS has collected approximately $20,000 from him to date. (Id. at 7.)
Plaintiff also complains that DCSS exposed his child to undue influences outside of his religious beliefs. (Complaint at 7.)
Plaintiff contends that defendants' invasion of his private effects and seizure of his money, as well as their "interference of [sic] religious practices with [sic] his child," have caused him various injuries, including emotional distress, financial damage, loss of employment opportunities, defamation to his financial reputation, and collateral injuries to his family. (Complaint at 7-8.) He asserts claims against defendants for: (1) violations of the First, Fourth, Fifth, and Fourteenth Amendments, including deprivation of due process and equal protection; (2) violations of 42 U.S.C. § 1983, 1985(3) & 1986, 5 U.S.C. §§ 702 & 706, 31 U.S.C. § 3729(b)&(c), 28 U.S.C. § 1361, 15 U.S.C. § 1673, and 42 U.S.C. § 602; (3) discrimination (gender bias), coercion to enter a contract, undue influence (contract), misrepresentation of contract, breach of contract, failure to disclose vital parts of a contract, failure/refusal to perform obligated duties due to gender, fraud, negligence, violation of Fair Credit Reporting Act, deprivation of the right of rescission of a contract, extortion of payments, and fraudulent representation of jurisdiction/authority. (Complaint at 2.)
Plaintiff seeks: (1) an order under 28 U.S.C. § 1361 to compel "financial enforcement" on Thibedeaux; (2) removal of all negative credit reports that were based on reports received from DCSS; and (3) damages. (Complaint at 8-9.)
Defendants contend that the Complaint violates Rule 8(a) of the Federal Rules of Civil Procedure. They argue that the Complaint is unintelligible and does not apprise them of the nature of plaintiff's claims against them. (Motion at 5-7.)
Rule 8(a)(2) of the Federal Rules of Civil Procedure mandates that a complaint must provide "a short and plain statement of the claim showing that the pleader is entitled to relief." Under Rule 8(a), the plaintiff must plead each claim with sufficient specificity to give the defendant fair notice of what the claim is and the grounds upon which it rests.
Moreover, the propriety of a dismissal for failure to comply with Rule 8 does not depend on whether the complaint is wholly without merit.
Even liberally construed, plaintiff's Complaint falls short of the Rule 8(a) standards. First, plaintiff does not sufficiently identify the federal claims he is asserting. Although he cites several constitutional provisions and numerous federal statutes, he does not link his factual allegations to the constitutional provisions and federal statutes purportedly violated by defendants. The Court gleans from the Complaint that plaintiff is unhappy about the amount of child support collected from him, and he believes DCSS should not be garnishing his income to satisfy what he believes are unfair child support obligations. The Complaint, however, fails to set forth how defendants' enforcement of plaintiff's child support obligations violated the constitutional amendments and statutes he cites. Although Rule 8(a) does not require "an exposition of [plaintiff]'s legal argument,"
For instance, it is unclear whether plaintiff is asserting any federal or state claim based on the 1996 suspension of his driver's license, and if so, what that claim is. (Complaint at 3-4.) Plaintiff also does not allege the age and custody status of the child on whose behalf DCSS collected child support or, indeed, whether the child is still a minor. Moreover, while a number of plaintiff's state law claims relate to a contract that he signed, he does not set forth whether he is asserting any federal claims based on the contract, and if so, how defendants' acts with respect to the contract violated the Constitution or federal law. Plaintiff also does not describe the nature of the contract, when it was entered into, who the parties to the contract were, and the relationship of the contract to his child support payments. (Id. at 4-5.)
Since plaintiff's child support obligations presumably arise from court proceedings, some of his claims may be barred by the Rooker-Feldman
Plaintiff's First Amendment claim appears to arise under the free exercise of religion clause. Plaintiff contends that his child — presumably the child on whose behalf DCSS is collecting child support — was exposed to religious influences outside his religious beliefs. (Complaint at 7.) Plaintiff, however, has not alleged the facts underlying his First Amendment claim. He has not alleged: what these religious influences were; by whom and in what manner the child was exposed to them; when the child was exposed to them; and whether it was done with the consent of the child's mother. Plaintiff must also specify against which defendants he is asserting his First Amendment claim.
The factual allegations underlying plaintiff's equal protection claim are similarly deficient. Plaintiff complains that DCSS agent Doe 2 represented Thibedeaux during court proceedings, but refused to represent plaintiff on account of his gender. (Complaint at 6.) The Equal Protection Clause of the Fourteenth Amendment" is essentially a direction that all persons similarly situated should be treated alike."
Furthermore, the Complaint is largely devoid of individualized allegations regarding defendants other than Thibedeaux.
The Court also notes that many of plaintiff's allegations are made simply against DCSS. The County has appeared on behalf of DCSS, which is a County agency and thus is not a "person" subject to suit under Section 1983. See
The Court also notes that plaintiff cannot bring a mandamus action under 28 U.S.C. § 1361 to compel DCSS to take action against Thibedeaux for fraudulent collection of benefits, as he purports to do. (Complaint at 3, 8.) That provision applies only to actions to compel "an officer or employee of the United States or any agency thereof to perform a duty owed to plaintiff." 28 U.S.C. § 1361. DCSS is not a federal agency, and none of the defendants federal officials. Moreover, even if Thibedeaux is committing welfare fraud, plaintiff has no judicially enforceable interest in having DCSS or any other agency institute proceedings against her. See
Accordingly, for all of these reasons, the Court finds that the Complaint fails to comply with Rule 8(a) of the Federal Rules of Civil Procedure and must be dismissed.
Defendants have brought this motion to dismiss under Rule 41(b) of the Federal Rules of Civil Procedure as well as under Rule 8(a). Fed. R. Civ. P. 41(b) provides that: "If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it." "Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss a complaint with prejudice for failure to comply with Rule 8(a)."
Defendants do not expressly request that the Court dismiss this action with prejudice, but presumably they have brought their motion under Rule 41(b), as well as under Rule 8(a), because they seek dismissal of this action. When an action is dismissed with prejudice under Rule 41(b) for failure to comply with Rule 8(a), the plaintiff generally has received prior opportunities to comply with Rule 8(a). See
For the foregoing reasons, defendants' motion to dismiss the Complaint is GRANTED, and the Complaint is DISMISSED WITH LEAVE TO AMEND.
If plaintiff wishes to pursue this action, he is granted 30 days from the date of this Memorandum and Order within which to file a First Amended Complaint that attempts to cure the defects in the Complaint described herein. The First Amended Complaint, if any, shall be complete in itself. It shall not refer in any manner to the original Complaint.