Rollins v. Greene-Campbell

CourtDistrict Court, District of Columbia
DecidedMay 24, 2024
DocketCivil Action No. 2024-1139
StatusPublished

This text of Rollins v. Greene-Campbell (Rollins v. Greene-Campbell) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rollins v. Greene-Campbell, (D.D.C. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) LAKEISHA ROLLINS, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:24-cv-01139 (UNA) ) CYNTHIA GREENE-CAMPBELL, ) ) Defendant. ) ___________________________________ )

MEMORANDUM OPINION

This matter is before the court on plaintiff’s application for leave to proceed in forma pauperis

(“IFP”), ECF No. 2, and a pro se complaint (“Compl.”), ECF No. 1. The court grants the IFP

application and, for the reasons explained below, it dismisses the complaint without prejudice, see

Fed. R. Civ. P. 12(h)(3).

Plaintiff, a resident of the District of Columbia, sues Cynthia Greene-Campbell, a private

attorney whose firm appears to be located in Nashville, Tennessee. See Compl. at 2. She alleges that

defendant, who represents plaintiff’s ex-husband in a child-custody proceedings filed in Nashville

Juvenile Court, made false statements about her during the course of those proceedings. See id. at 5,

7. More specifically, on January 29, 2024, defendant purportedly represented, to the court and others,

that plaintiff stabbed her ex-husband. See id. Plaintiff also alleges that the court improperly allowed

defendant to read statements into the record regarding plaintiff’s history of trauma and abuse. See

id. at 4. As a result, plaintiff contends that she has suffered damage to her reputation and that she

has been prevented from seeing her children. See id. at 4, 7. She demands $30 million in damages.

Id. at 4.

Plaintiff has failed to establish subject matter jurisdiction. See generally 28 U.S.C. §§ 1331

and 1332. The subject-matter jurisdiction of the federal district courts is limited and is set forth

generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal jurisdiction is available only when a “federal question” is presented, id. § 1331, or the parties are of diverse citizenship and the

amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and costs,” id. §

1332(a). A party seeking relief in the district court must at least plead facts that bring the suit within

the court’s jurisdiction. See Fed. R. Civ. P. 8(a). Failure to plead such facts warrants dismissal of

the action. See Fed. R. Civ. P. 12(h)(3).

First, plaintiff has failed to state a federal question. Although she cites, in passing, to the

Americans with Disabilities Act (“ADA”), see Compl. at 3, 5, 7, she fails to explain how defendant’s

actions constitute disability discrimination, or to specifically identify the disability at issue. Plaintiff’s

vague allegations “cannot establish this [c]ourt’s jurisdiction.” Amiri v. Gelman Mgmt. Co., 734 F.

Supp. 2d 1, 2–4 (D.D.C. 2010) (dismissing complaint for lack of jurisdiction); see also Ashcroft v.

Iqbal, 556 U.S. 662, 682 (2009) (explaining that “bare assertions” of wrongdoing are “not entitled to

be assumed true”). “[F]ederal court jurisdiction must affirmatively appear clearly and distinctly[,]”

Johnson v. Robinson, 576 F.3d 522, 522 (D.C. Cir. 2009) (per curiam) (quoting Bilal v. Kaplan, 904

F.2d 14, 15 (8th Cir.1990) (per curiam)), and here, without more, the court cannot discern any basis

for federal question jurisdiction from the facts given in the complaint. Simply put, “[e]vents may not

have unfolded as [p]laintiff wished, but h[er] dissatisfaction” does not, standing alone, constitute a

violation of federal law. See Melton v. District of Columbia, 85 F. Supp. 3d 183, 193 (D.D.C. 2015).

Indeed, state custody determinations fail to implicate any constitutional or federal statutory

right, and as such, they must be contested in the local court where the proceedings were held. See

Lassiter v. Department of Social Services, 452 U.S. 18, 25 (1981) (no constitutional right to counsel

in civil actions where plaintiff's personal liberty is not at stake); see also Bennett, 682 F.2d at 1042

(child custody issues uniquely suited to resolution in local courts).

Second, plaintiff has also failed to establish diversity of citizenship. It is a “well- established

rule” that, for an action to proceed in diversity, the citizenship requirement must be “assessed at the

time the action is filed.” Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991).

Notably, “the citizenship of every party to the action must be distinctly alleged [in the complaint] and cannot be established presumptively or by mere inference.” Meng v. Schwartz, 305 F. Supp. 2d

49, 55 (D.D.C. 2004) (citation omitted). Thus, “an allegation of residence alone is insufficient to

establish the citizenship necessary for diversity jurisdiction.” Novak v. Capital Mgmt. & Dev. Corp.,

452 F.3d 902, 906 (D.C. Cir. 2006) (quoting Naartex Consulting Corp. v. Watt, 722 F.2d 779, 792

n.20 (D.C. Cir. 1983)). Here, the state citizenships of the parties are unclear, particularly that of the

defendant, for whom plaintiff only provides a business address.

Assuming arguendo that plaintiff had provided sufficient information, this matter presents

no connection to the District of Columbia. Venue in a civil action is proper only in (1) the district

where any defendant resides, if all defendants reside in the same state in which the district is

located, (2) in a district in which a substantial part of the events or omissions giving rise to the

claim occurred (or a substantial part of the property that is the subject of the action is situated), or

(3) in a district in which any defendant may be found, if there is no district in which the action may

otherwise be brought. See 28 U.S.C. § 1391(b).

Similarly, the ADA is governedby the venue provision of Title VII of the Civil Rights Act

of 1964 (“Title VII”). See 42 U.S.C. § 12117(a); Williams v. GEICO Corp., 792 F. Supp. 2d 58, 62

(D.D.C. 2011). “Title VII's venueprovision ‘limit[s] venue to the judicial district concerned with the

alleged discrimination,’” Id. (quoting Stebbins v. State Farm Mut. Auto. Ins. Co., 413 F.2d 1100,

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Related

Rooker v. Fidelity Trust Co.
263 U.S. 413 (Supreme Court, 1924)
Younger v. Harris
401 U.S. 37 (Supreme Court, 1971)
District of Columbia Court of Appeals v. Feldman
460 U.S. 462 (Supreme Court, 1983)
Freeport-McMoRan Inc. v. K N Energy, Inc.
498 U.S. 426 (Supreme Court, 1991)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Novak v. Capital Management & Development Corp.
452 F.3d 902 (D.C. Circuit, 2006)
Thomas A. Bennett v. Patricia A. Bennett
682 F.2d 1039 (D.C. Circuit, 1982)
Johnson v. Robinson
576 F.3d 522 (D.C. Circuit, 2009)
Williams v. GEICO CORP.
792 F. Supp. 2d 58 (District of Columbia, 2011)
Meng v. Schwartz
305 F. Supp. 2d 49 (District of Columbia, 2004)
Amiri v. GELMAN MANAGEMENT CO.
734 F. Supp. 2d 1 (District of Columbia, 2010)
Melton v. District of Columbia
85 F. Supp. 3d 183 (District of Columbia, 2015)

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Rollins v. Greene-Campbell, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollins-v-greene-campbell-dcd-2024.