Fogle v. Walton-Pratt

318 F. Supp. 3d 114
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 12, 2018
DocketCase No. 1:18-cv-00697 (TNM)
StatusPublished
Cited by2 cases

This text of 318 F. Supp. 3d 114 (Fogle v. Walton-Pratt) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fogle v. Walton-Pratt, 318 F. Supp. 3d 114 (D.C. Cir. 2018).

Opinion

TREVOR N. MCFADDEN, United States District Judge

Plaintiff Jared S. Fogle, pro se , alleges that the judicial officers, prosecutors, and defense attorneys involved in his criminal proceedings as well as the "Attorney General of the United States, Obama Administration" committed various federal crimes, including obstruction of justice under 18 U.S.C. § 1503 and violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq . Compl. 1, 3-4, ECF No. 1. He seeks $57 million in restitution. Id. 18 ¶ 3. Because this Court lacks subject matter jurisdiction with respect to the judges, prosecutor, and Attorney General; and because Mr. Fogle has failed to state a claim upon which relief can be granted with respect to his former defense attorneys, this case will be dismissed. See 28 U.S.C. § 1915A (requiring a court to review "as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer of employee of a governmental entity" and dismiss it if the complaint "is frivolous, malicious, or fails to state a claim upon which relief may be granted" or "seeks *117monetary relief from a defendant who is immune from such relief."; see also id. § 1915(e)(2). Mr. Fogle also filed a Motion for Injunctive Relief, requesting a court order that he be allowed to continue communicating with his co-plaintiffs,1 and a Motion to Take Judicial Notice that the United States failed to allege any "injury-in-fact" in his 2015 criminal proceedings. Mot. for Inj. Relief, ECF No. 3; Mot. to Take Judicial Notice, ECF No. 4. Due to the case's dismissal, both motions will be denied as moot.

I.

In 2015, Mr. Fogle, represented by counsel, pled guilty to distributing and receiving, and conspiring to distribute and receive, child pornography in violation of 18 U.S.C. § 2252(a)(2), and attempting to travel to engage in illegal sexual conduct with a minor in violation of Sections 2423(b) and (e). United States v. Fogle , 825 F.3d 354, 356 (7th Cir. 2016) ; United States v. Fogle , No. 1:15-cr-00159, 2015 WL 7253333 (S.D. Ind. Nov. 16, 2015). Mr. Fogle is currently serving a 188-month sentence in Littleton, Colorado. Id. ; Compl. 18. He now contends that the judges, prosecutor, and defense attorneys involved in his criminal proceedings obstructed justice and violated RICO in handling his case. See Compl. 1, 3. Although Mr. Fogle originally filed suit with two other inmates, there is no common factual ground among the three cases, and only Mr. Fogle's claims are considered here. Mr. Fogle, a former spokesman for Subway, Inc., demands $57 million under 18 U.S.C. § 1964(c) as treble damages for reputational harm to his professional business career. See Compl. 18.

II.

Federal Rule of Civil Procedure 8(a)(2) requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." This requires the complaint to contain sufficient factual allegations that, if true, "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A complaint is insufficient if it merely offers " 'labels and conclusions' " or " 'naked assertion[s]' devoid of 'further factual enhancement.' " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 546, 127 S.Ct. 1955 ). Rather, "[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal , 556 U.S. at 678, 129 S.Ct. 1937. Plausibility "asks for more than a sheer possibility that a defendant has acted unlawfully," id. , and pleading facts that are "merely consistent with" a defendant's liability "stops short of the line between possibility and plausibility." Twombly , 550 U.S. at 545-46, 127 S.Ct. 1955.

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Bluebook (online)
318 F. Supp. 3d 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fogle-v-walton-pratt-cadc-2018.