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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.

          Joseph Clement Handlon, Deputy Attorney General, Delaware Department of Justice, Wilmington, Delaware. Counsel for Defendant.



         Plaintiff Matthew N. Jones, who appears pro se, filed this action on June 6, 2016. (D.I. 1).[1] Defendant moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) and, in turn, Plaintiff moves for summary judgment. (D.I. 4, 8). Briefing on the motions is complete.


         The Complaint alleges violations of 18 U.S.C. § 241 and § 1035, as well as violations of the First and Eighth Amendments to the United States Constitution, from September 2015 through December 2015. The Complaint asserts jurisdiction by reason of a " U.S. Government Defendant." The civil cover sheet states that the nature of claim is assault, libel, and slander. Plaintiff alleges that he was falsely diagnosed with mental illness, that he was medicated and injected against his will, and there was an attempt to commit, or hospitalize, him long-term. Plaintiff alleges that his medical records are shared without his consent and are communicated without his authority. The Complaint also references Plaintiffs birth mother. Plaintiff seeks compensatory damages.

         Defendant moves for dismissal pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) on the grounds that this Court lacks jurisdiction, and the Complaint fails to state any plausible claims. Defendant notes that this action appears to be largely identical to Jones v. Mirza, Civ. No. 15-1017-RGA, as well as other cases filed by Plaintiff.

         Plaintiff opposes the motion to dismiss and moves for summary judgment, noting that he has sued for personal injury, assault, libel, and slander and that Defendant is a government agency. In his motion for summary judgment, plaintiff describes his claims as arising under: (1)18 U.S.C. § 1035, false statements relating to health care matters; (2) 18 U.S.C. § 242, deprivation of rights under color of law; (3) 18 U.S.C. § 249, hate crimes prevention act; and (4) 18 U.S.C. § 241, conspiracy against rights. (See D.I. 8 at pp.3-5).


         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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