Opinion
Case: 1:16-cv-00038
01-07-2016
LOUIS A BANKS, et al., Plaintiffs, v. INSPIRED TEACHING SCHOOL, et al., Defendants.
Jury Demand
Assigned To : Unassigned
Assign. Date : 1/8/2016
Description: Pro Se Gen. Civil (F Deck) MEMORANDUM OPINION
This matter comes before the court on review of plaintiff Louis A. Banks' application to proceed in forma pauperis and his pro se civil complaint. The Court will grant the application and dismiss the complaint.
Mr. Banks' son attends the Inspired Teaching School. His claims against the school, certain staff members of the school, Catholic Charities and the District of Columbia's Child and Family Services Agency arise from an incident on September 17, 2015, when the defendants allegedly "conspired [to make a] false statement, fraud fabrication slandering, libel remakes print, writing that was malice defamed and put . . . into a false light lying to law enforcement (MPD) and Emergency Medical Services," Compl. at 3 (page numbers designated by the Court). Among other relief, the plaintiffs demand damages of $100 million. Id. at 7.
Federal district courts have jurisdiction in civil actions arising under the Constitution, laws or treaties of the United States. See 28 U.S.C. § 1331. In addition, federal district courts have jurisdiction over civil actions where the matter in controversy exceeds $75,000, and the suit is between citizens of different states. See 28 U.S.C. § 1332(a). Notwithstanding the plaintiffs' citation to 42 U.S.C. § 1983, their claims do not arise under the Constitution; they are tort claims cognizable under District of Columbia law. Although the plaintiffs' claim ostensibly exceeds $75,000, the plaintiffs fail to demonstrate diversity of citizenship because all of the parties appear to reside or conduct business in the District of Columbia. The Court therefore will dismiss the complaint for lack of subject matter jurisdiction.
An Order consistent with this Memorandum Opinion is issued separately.
/s/_________
United States District Judge DATE: 1/7/2016