JULIE A. ROBINSON, District Judge.
Plaintiff Darryl Kinney, proceeding pro se and in forma pauperis, brings this action against Defendants alleging both civil and criminal wrongdoing.
Plaintiff filed the present suit on December 1, 2011, against Federal Defendants and the State. In the Complaint, Plaintiff and his minor child, J.K., allege many vague and disjointed complaints against Defendants. Plaintiff contends that the case "started as a civil case is now also criminal," and is based on lost wages, emotional anguish and distress, caused by Defendants for violating his civil rights and for child endangerment. Plaintiff alleges Defendants have taken various actions, including keeping him from obtaining employment by rerouting Plaintiff's communications with potential employers; stalking and harassing him as he moved from state to state; tainting and corrupting state and federal court proceedings; following and bugging Plaintiff; invading his privacy; spreading defamatory information; having the military stalk and harass him; and engaging in conspiracy. Plaintiff claims that these actions violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.; the Privacy Act, 5 U.S.C. § 552a(g); the United States Constitution; and various federal and state criminal statutes, including conspiracy, 18 U.S.C. § 371 and stalking, K.S.A. § 21-3438.
Since 2008, Plaintiff has on at least six occasions, sued federal and local government officials and agencies in federal court; each case has been dismissed at the District Court level.
Because Plaintiff proceeds in forma pauperis, the Court may dismiss the Complaint or any portion thereof that is frivolous, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant immune from such relief.
Defendants' arguments in support of dismissal are well taken. First, this Court lacks subject matter jurisdiction over most of the claims asserted, as required by Fed. R. Civ. P. 12(b)(1). Plaintiff's claims against the State, except to the extent his claim can be construed as one brought under Title VII, are barred by sovereign immunity under the Eleventh Amendment.
Further, to the extent Plaintiff alleges a claim over which this Court has jurisdiction, his Complaint fails to meet even the minimal standards of notice pleading set out in Fed. R. Civ. P. 8(a) because it fails to provide notice of the claim to which the Defendants are entitled under that rule. Plaintiff offers no factual connection between the alleged wrongdoings and the specific Defendants or statutes. No Defendant in this action could be expected to prepare a defense based on Plaintiff's disorganized, vague and ambiguous allegations.
Nor is the Court able to discern any factual allegations that would plausibly entitle Plaintiff to relief. Instead, there is no logical construction of Plaintiff's Complaint from which to discern any cognizable claim. Plaintiff does not allege that he was ever an employee of any Defendant or identified a materially adverse employment action as required by Title VII, or that any Defendant revealed information about him as required by the Privacy Act. Moreover, stalking, harassing, obstruction and conspiracy are criminal actions and Plaintiff does not have a private cause of action for civil damages with respect to these claims.
As Judge Marten concluded with respect to the virtually identical complaint filed contemporaneously with this case, Plaintiff's Complaint "is little more than six pages of non sequiturs strung together by numbered paragraphs."