RICARDO M. URBINA, District Judge.
The pro se plaintiff has brought suit against the District of Columbia ("the District"), the D.C. Department of Motor Vehicles ("DMV"), various DMV employees and a DMV contractor, Affiliated Computer Services ("ACS"). He alleges that the defendants have interfered with his business of "assisting persons and businesses with parking and moving violation matters." Two of the defendants— the District and DMV employee Cassandra Claytor—have filed motions to dismiss. Because the plaintiff lacks standing to bring his claims, the court grants these defendants' motions to dismiss and sua sponte dismisses the claims against the remaining defendants.
The plaintiff is an individual engaged in the business of "assisting persons and businesses with parking and moving violation matters."
Additionally, the plaintiff alleges that DMV officials were "punishing" him by changing the format of parking tickets.
According to the plaintiff, the defendants have "created what came to be known as `The Dorsey Rules,' a group of discriminatory artifices that target the plaintiff." Id. at 4. One of these rules allows the chief hearing examiner to ban the plaintiff from the DMV building for a time period which she deems appropriate if it is discovered that the plaintiff gave a DMV employee anything of value. Id. The plaintiff claims that this rule, which is incorporated into the "Municipal Regulations," is not enforced against "other representatives."
In addition, the plaintiff's complaint presents the following broad allegations, though with little if any factual context:
On May 5, 2010, the plaintiff commenced this action, alleging that the defendants violated the Fourteenth Amendment when they "persecuted, discriminated against and engaged [in] personal animus against him." Compl. at 1, 3. The plaintiff also contends that he was discriminated against when D.C. Council members "receive[d] unfair and preferential treatment with parking ticket costs." Id. at 4. Additionally, the plaintiff makes broad, conclusory allegations of gender discrimination, slander and violations of the District of Columbia Freedom of Information Act ("D.C. FOIA"). See Compl. at 3, 6. Although the plaintiffs complaint does not specify that he is bringing suit under 42 U.S.C. § 1983,
The District and defendant Claytor have filed motions to dismiss the complaint, arguing, inter alia, that the plaintiff lacks standing to bring this suit.
Article III of the Constitution limits the jurisdiction of federal courts to cases or controversies. U.S. CONST. art. III, § 2, cl. 1. These prerequisites reflect the "common understanding of what it takes to make a justiciable case." Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 102, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). Consequently, "a showing of standing `is an essential and unchanging' predicate to any exercise of [a court's] jurisdiction." Fla. Audubon Soc'y v. Bentsen, 94 F.3d 658, 663 (D.C.Cir.1996) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). Put slightly differently, "Article III standing must be resolved as threshold matter." Raytheon Co. v. Ashborn Agencies, Ltd., 372 F.3d 451, 453 (D.C.Cir.2004) (citing Steel Co., 523 U.S. at 96-102, 118 S.Ct. 1003).
As the party invoking federal jurisdiction, the plaintiff bears the burden of establishing standing. Lujan, 504 U.S. at 561, 112 S.Ct. 2130; Steel Co., 523 U.S. at 104, 118 S.Ct. 1003; City of Waukesha v. Envtl. Prot. Agency, 320 F.3d 228, 233 (D.C.Cir.2003) (per curiam). The extent of the plaintiff's burden varies according to the procedural posture of the case. Sierra Club v. Envtl. Prot. Agency, 292 F.3d 895, 898-99 (D.C.Cir.2002). At the pleading stage, general factual allegations of injury
To demonstrate standing, a plaintiff must satisfy a three-pronged test. Sierra Club, 292 F.3d at 898 (citing Lujan, 504 U.S. at 560, 112 S.Ct. 2130). First, the plaintiff must have suffered an injury in fact, defined as a harm that is concrete and actual or imminent, not conjectural or hypothetical. Byrd v. Envtl. Prot. Agency, 174 F.3d 239, 243 (D.C.Cir.1999) (citing Steel Co., 523 U.S. at 103, 118 S.Ct. 1003). Second, the injury must be fairly traceable to the governmental conduct alleged. Id. Finally, it must be likely that the requested relief will redress the alleged injury. Id. This Circuit has made clear that no standing exists if the plaintiff's allegations are "purely `speculative[, which is] the ultimate label for injuries too implausible to support standing.'" Tozzi v. Dep't of Health & Human Servs., 271 F.3d 301, 307 (D.C.Cir.2001) (quoting Advanced Mgmt. Tech., Inc. v. Fed. Aviation Admin., 211 F.3d 633, 637 (D.C.Cir.2000)). Nor does standing exist where the court "would have to accept a number of very speculative inferences and assumptions in any endeavor to connect [the] alleged injury with [the challenged conduct]." Winpisinger v. Watson, 628 F.2d 133, 139 (D.C.Cir.1980).
The District and Claytor argue that the plaintiff lacks standing because he has "made no showing ... that he, personally, suffered any threatened or actual injury resulting from the defendant's putatively illegal action." District's Reply at 2; Def. Claytor's Reply at 2. The plaintiff does not address the issue of standing in his oppositions, except to say that he has standing under Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007). See Pl.'s Opp'n to District's Mot. to Dismiss; Pl.'s Opp'n to Def. Claytor's Mot. to Dismiss.
The plaintiff is correct insofar as he suggests that under Erickson v. Pardus, courts are required to liberally interpret a pro se plaintiff's pleadings and documents. 551 U.S at 94, 127 S.Ct. 2197. This principle does not, however, dispense with the constitutional requirement that the plaintiff have standing to bring his claims. See Ndaba v. Obama, 697 F.Supp.2d 75, 78 (D.D.C.2010) (dismissing a pro se plaintiff's action because he failed to show the requisite standing to bring his claims). Instead, to survive the defendants' motion to dismiss, the plaintiff must satisfy, inter alia, the first element of the "irreducible constitutional minimum of standing" by alleging that he has "suffered an `injury in fact'— an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, nor conjectural or hypothetical." Lujan, 504 U.S. at 560, 112 S.Ct. 2130 (citations omitted).
The bulk of the plaintiff's claims are based on actions taken by the defendants that purportedly impede ticket recipients from receiving a fair hearing. See generally Compl. Nothing in the plaintiff's submissions suggests, however, that the plaintiff has himself received a ticket or been denied a hearing. See generally Compl.; Pl.'s Opp'n to District's Mot. to Dismiss; Pl.'s Opp'n to Def. Claytor's Mot. to Dismiss. At most, the plaintiff's complaint suggests that his standing is derived from the economic harm that the defendants' actions have on his business when
The plaintiff also fails to demonstrate any personal harm that he incurred from the DMV's alleged "maint[enance of] a gender-based hierarchy ... that deliberately excludes males." Compl. at 6. The plaintiff has not shown that this alleged discrimination has impaired his business or that he himself has been discriminated against as a DMV employee or a prospective employee. Rainbow/PUSH Coal. v. Fed. Commc'ns Comm'n, 396 F.3d 1235, 1241 (D.C.Cir.2005) (noting that "stigmatizing, noneconomic injury caused by racial discrimination accords a basis for standing only to those persons who are personally denied equal treatment"). In fact, the plaintiff has not claimed that he has suffered any injury as a result of the alleged gender discrimination. See generally Compl. Thus, the plaintiff also lacks standing to bring any employment-based gender discrimination claims under 42 U.S.C. § 1983.
For these reasons, the court dismisses any of the plaintiff's claims that relate to a deprivation of a fair hearing on a violation or parking ticket matter or the alleged "gender-hierarchy" of DMV officials. Such dismissal is rendered sua sponte as to those defendants who have not moved to dismiss based on the plaintiff's lack of standing. Weaver's Cove Energy, LLC v. R.I. Dep't of Envtl. Mgmt., 524 F.3d 1330, 1334 (D.C.Cir.2008) (dismissing an action sua sponte for lack of standing).
The plaintiff's complaint, read liberally, also suggests a claim of defamation, see Compl. at 6 (stating that defendants Glasser and Matthews made a false written claim that the plaintiff sexually harassed Matthews without providing any evidence
For the foregoing reasons, the court grants the defendants District of Columbia and Claytor's motions to dismiss and dismisses the plaintiff's complaint as to all remaining defendants. An Order consistent with this Memorandum Opinion is separately and contemporaneously issued this 2nd day of November, 2010.