Brown v. Trump

District Court, S.D. New York·Decided July 21, 2025·No. 1:24-cv-07909·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARON LESLIE BROWN, Plaintiff, 24-CV-7909 (LLS) -against- ORDER OF DISMISSAL DONALD TRUMP; KAMALA HARRIS; BARACK OBAMA; CORNELL WEST, Defendants. LOUIS L. STANTON, United States District Judge: Plaintiff, who is appearing pro se, brings this action under the Court’s federal question jurisdiction and diversity of citizenship jurisdiction, alleging that Defendants violated her rights. By order dated July 14, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The Court dismisses the complaint for the reasons set forth below. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (per curiam) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits – to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief.

BACKGROUND The following facts are drawn from the complaint.1 Plaintiff alleges that Defendants All ran for president when they were ineligible or West ran because I was going to run since 1990s when old enough. They have tried to thwart my campaign by using my campaign ideas to raise funds and get the voter base excited and interested because they have been successful raising money by using my campaign ideas the money should revert to my campaign because the voters liked my ideas not their plagiarism. They are using my ideas and are being hailed for it even though my posts show I came up with the ideas. They are time date stamped and Cornell West came to my church with other people to steal my idea to run. He may be ineligible as a non natural born citizen or because he interfered with election by trying to cause harm to me to stop me from running my campaign has suffered because of plagiarism. (ECF 1 at 5.) Plaintiff alleges that “the first time” she ran for president in 2012 she was “harassed, assaulted, lied on, abused, etc.” (Id. at 6.) Plaintiff seeks money damages and to “stop election interference” and plagiarism. (Id.) DISCUSSION A. Plaintiff’s claims are frivolous Under the IFP statute, a court must dismiss an action if it determines that the action is frivolous or malicious. 28 U.S.C. §1915(e)(2)(B)(i). “[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible.” Denton v. Hernandez, 504 U.S. 25, 33 (1992). A complaint is “‘factually frivolous’ if the

1 The Court quotes from the complaint verbatim. All spelling, grammar, and punctuation are as in the original unless noted otherwise. sufficiently well-pleaded facts are ‘clearly baseless’ − that is, if they are ‘fanciful,’ ‘fantastic,’ or ‘delusional.’” Gallop v. Cheney, 642 F.3d 364, 368 (2d Cir. 2011) (quoting Denton, 504 U.S. at 32-33) (finding as frivolous and baseless allegations that set forth a fantastical alternative history of the September 11, 2001 terrorist attacks); see also Neitzke v. Williams, 490 U.S. 319, 324-25

(1989) (A claim is frivolous when it “lacks an arguable basis either in law or in fact.”); Livingston, 141 F.3d at 437(“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . ; or (2) the claim is based on an indisputably meritless legal theory.” (internal quotation marks and citation omitted)). Moreover, a court has “no obligation to entertain pure speculation and conjecture.” Gallop, 642 F.3d at 368. Plaintiff’s complaint is premised upon her belief that since 2012, Defendants have attempted to thwart her presidential campaigns, committed plagiarism, and are responsible for her having been assaulted and harassed. However, a “[p]laintiff’s beliefs − however strongly she may hold them − are not facts.” Morren v. New York Univ., No. 20-CV-10802 (JPO) (OTW), 2022 WL 1666918, at *18 (S.D.N.Y. Apr. 29, 2022) (citation omitted), report and

recommendation adopted, 2022 WL 1665013 (S.D.N.Y. May 25, 2022). Plaintiff provides no factual basis for her assertions that she was the victim of a decade-long conspiracy. See Lefkowitz v. John Wiley & Sons, Inc., No. 13-CV-6414, 2014 WL 2619815, at *10 (S.D.N.Y. June 2, 2014) (complaint must set forth facts showing basis for information and belief); Johnson v. Univ. of Rochester Med. Ctr., 686 F. Supp. 2d 259, 266 (W.D.N.Y. 2010) (even where necessary evidence is in “exclusive control of the defendant, . . . plaintiff must still set forth the factual basis for that belief”). The Court finds that Plaintiff does not provide any plausible factual support for her claims and that they rise to the level of the irrational. See Livingston, 141 F.3d at 437. Plaintiff has provided the court with a narrative full of details of what she believes − that Defendants have conspired to deprive her of her rights. Despite all of the details provided, Plaintiff has pleaded no factual predicate in support of her assertions. Plaintiff’s allegations amount to conclusory claims and suspicions that are not plausible and must be dismissed as frivolous. See Kraft v. City of New

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Related

Coppedge v. United States
369 U.S. 438 (Supreme Court, 1962)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Denton v. Hernandez
504 U.S. 25 (Supreme Court, 1992)
Hill v. Curcione
657 F.3d 116 (Second Circuit, 2011)
Harris v. Mills
572 F.3d 66 (Second Circuit, 2009)
Gallop v. Cheney
642 F.3d 364 (Second Circuit, 2011)