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Jones v. Crisis Intervention Services

United States District Court, D. Delaware

March 6, 2017

MATTHEW N. JONES, Plaintiff,

          Matthew N. Jones, Greenwood, Delaware. Pro Se Plaintiff.

          Michael F. McTaggart, Deputy Attorney General, Delaware Department of Justice, Wilmington, Delaware. Counsel for Defendants.



         Plaintiff Matthew N. Jones, who appears pro se, filed this action on January 7, 2016, pursuant to 42 U.S.C. § 1983.[1] (D.I. 1).[2] Defendants Crisis Intervention Services and Delaware State Police have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) and a motion to quash subpoenas. (D.I. 18, 26). Plaintiff has filed a motion for summary judgment and a motion to amend the complaint. (D.I. 23, 34). Briefing on the matters is complete.


         The Complaint alleges that on December 12, 2015, Crisis Intervention workers and Delaware State Police arrived at Plaintiff's home, handcuffed him, and transported him to the Crisis Intervention Center in Ellendale, Delaware. From there, Plaintiff was transported to the Rockford Center. Plaintiff alleges that Crisis Intervention Center committed felonies by accepting testimony, getting instructions, and taking orders from his mother, who was present at the time. He also alleges that Crisis Intervention Center "feloniously" diagnosed him with schizophrenia, which is a disease he "cannot possibly have."[3] (Id. at p.6). The Complaint alleges that Plaintiff was taken away for lengths of time and forced to ingest drugs that made him ill and caused allergic reactions. Plaintiff alleges attempted murder, wrongful imprisonment, persecution, and seeks $175, 000, 000 in damages. (Id. at pp. 6-7). Plaintiff amended the Complaint to clarify that he does not hold his mother responsible for her actions and blames Defendants for ignoring his "injuries, illnesses, and wounds." (D.I. 11 at p.1).

         Defendants move for dismissal pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) on the grounds that this Court lacks jurisdiction, the Defendants are immune from suit, many of the claims are time-barred, and the Complaint fails to state a claim upon which relief may be granted. (D.I. 18). Plaintiff opposes the motion to dismiss and moves for summary judgment, arguing, basically, that he does not have schizophrenia. (D.I. 23). Plaintiff also seeks to amend and provides a copy of the proposed amended complaint. (D.I. 34). Finally, Defendants move to quash subpoenas Plaintiff served upon two physicians. (D.I. 26).


         Standards of Law

         Plaintiff proceeds pro se and, therefore, his pleadings are liberally construed and his complaint, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007).

         Rule 12(b)(1) of the Federal Rules of Civil Procedure permits the dismissal of an action for "lack of subject matter jurisdiction." A Rule 12(b)(1) motion may be treated as either a facial or factual challenge to the court's subject matter jurisdiction. See Constitution Party v. Aichele, 757 F.3d 347, 357-58 (3d Cir. 2014). "In reviewing a facial attack, 'the court must only consider the allegations of the complaint and documents referenced therein and attached thereto, in the light most favorable to the plaintiff.'" Id. at 358 (quoting In re Schering Plough Corp., 678 F.3d 235, 243 (3d Cir. 2012)). In reviewing a factual attack, the court may consider evidence outside the pleadings. Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884, 891 (3d Cir. 1977).

         Under Rule 12(b)(6), a motion to dismiss may be granted only if, accepting the well-pleaded allegations in the complaint as true and viewing them in the light most favorable to the plaintiff, a court concludes that those allegations "could not raise a claim of entitlement to relief." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 558 (2007). "Though 'detailed factual allegations' are not required, a complaint must do more than simply provide 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action.'" Davis v. Abington Mem'l Hosp., 765 F.3d 236, 241 (3d Cir. 2014) (quoting Twombly, 550 U.S. at 555). In addition, a plaintiff must plead facts sufficient to show that a claim has substantive plausibility. See Johnson v. City of Shelby, ___ U.S. ___, 135 S.Ct. 346, 347 (2014). A complaint may not dismissed, however, for imperfect statements of the legal theory supporting the claim asserted. See Id. at 346.

         When reviewing the sufficiency of a complaint, a court should follow a three-step process: (1) consider the elements necessary to state a claim; (2) identify allegations that are merely conclusions and therefore are not well-pleaded factual allegations; and (3) accept any well-pleaded factual allegations as true and determine whether they plausibly state a claim. See Connelly v. Lane Constr. Corp.,809 F.3d 780, 787 (3d Cir. 2016); Williams v. BASF Catalysts LLC,765 F.3d 306, 315 (3d Cir. 2014). Deciding whether a claim is plausible will be a "context-specific ...

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