Schramek v. Jones

877 F. Supp. 622, 1995 U.S. Dist. LEXIS 2134, 1995 WL 75919
CourtDistrict Court, M.D. Florida
DecidedFebruary 21, 1995
DocketNo. 94-868-CIV-T-17
StatusPublished

This text of 877 F. Supp. 622 (Schramek v. Jones) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schramek v. Jones, 877 F. Supp. 622, 1995 U.S. Dist. LEXIS 2134, 1995 WL 75919 (M.D. Fla. 1995).

Opinion

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant’s Motion to Dismiss, (Docket No. 15) filed November 16, 1994, and Plaintiffs’ Response to Defendant’s Motion to Dismiss, filed on January 26, 1995.

A trial court, in ruling on a motion to dismiss for lack of standing, must accept all material allegations of the complaint as true, and must construe the complaint in favor of the plaintiff. Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206-07, 45 L.Ed.2d 343 (1975), citing Jenkins v. McKeithen, 395 U.S. 411, 89 S.Ct. 1843, 23 L.Ed.2d 404, reh’g denied, 396 U.S. 869, 90 S.Ct. 35, 24 L.Ed.2d 123 (1969).

FACTS

On May 6, 1994, defendant, Paula Corbin Jones (hereafter “Jones”), brought an action, in the State of Arkansas, against William Jefferson Clinton, President of the United States. Jones sought redress for alleged deprivation of her constitutional rights and privileges pursuant to 42 U.S.C. § 1983, conspiracy to deprive persons of Equal Protection of the laws pursuant to 42 U.S.C. § 1985, intentional infliction of emotional distress, and defamation. The action stems from the alleged sexual harassment of Jones by then-Governor Clinton.

On May 27, 1994, plaintiffs in the instant case, Daniel Schramek and Thomas Delor (hereafter “plaintiffs”), filed a pro se complaint against Jones alleging malicious and tortious interference with contract and a request for injunctive relief. Plaintiffs allege that Clinton, as the President of the United States, has a contract with the citizens of the United States to serve as the Chief of State, Chief Executive Officer, Chief of Staff of the United States, and Commander in Chief of the Military. Plaintiffs further allege that the civil lawsuit filed by Jones against President Clinton maliciously and tortiously interfered with the alleged contract between President Clinton, plaintiffs, and the citizens of the United States. Additionally plaintiffs claim that the filing of the lawsuit caused grievous harm and injury to the President and his family. Allegedly, Jones’ lawsuit required a significant amount of the President’s time and attention. Thus, the President may not govern effectively, because he cannot devote time and energy he would otherwise spend on affairs of state. Therefore, the President cannot fulfill his alleged contract with the plaintiffs and citizens of the United States.

On November 16, 1994, Jones filed a motion to dismiss the instant action, with prejudice, pursuant to Rule 12(b), Federal Rules of Civil Procedure, on the following grounds:

1. The court lacks jurisdiction over the subject matter.
2. The court lacks personal jurisdiction over defendant.
3. Plaintiffs do not have standing.
4. Venue is improper; and
5. The complaint fails to state a claim against defendant upon which relief can be granted.

Because plaintiffs have clearly failed to offer facts demonstrating standing to sue, the Court grants defendant’s motion to dismiss, with prejudice, due to lack of standing. Therefore, the Court does not find it necessary to address the other grounds for dismissal presented by the plaintiffs.

DISCUSSION

To have standing to maintain suit in federal court, Article III of the United States Constitution mandates that plaintiffs establish a “case or controversy” against defendant. A plaintiff establishes a “case or controversy” by demonstrating the following:

[624]*6241. Plaintiff has suffered actual or threatened injury at the hands of defendant.
2. The injury can be traced to alleged unlawful conduct of defendant, and;
3. The injury will likely be redressed by the requested relief.

Smith v. Meese, 821 F.2d 1484, 1493 (11th Cir.1987), reh’g denied, 835 F.2d 291 (11th Cir.1987). See also Herlihy v. Ply-Gem Industries, Inc. 752 F.Supp. 1282, 1290 (D.Md.1990).

As to step one of the analysis, plaintiff must suffer or be threatened with “injury in fact.” Abstract injury is not enough. Plaintiff must show “he has sustained or is immediately in danger of sustaining some ‘direct injury’ as the result of the challenged official conduct, and the injury or threat of injury must be both ‘real and immediate’ not ‘conjectural’ or ‘hypothetical’.” City of Los Angeles v. Lyons, 461 U.S. 95, 101-102, 103 S.Ct. 1660, 1664-1665, 75 L.Ed.2d 675 (1983).

Plaintiffs have not alleged any specific injuries that they have suffered directly as a result of defendant’s actions. Furthermore, plaintiffs argument that the functions of government will be severely impeded by the initiation of this single civil lawsuit is strained. There are many government officials, in addition to the President, who have the responsibility and capability to carry out government functions. In general:

[Fjederal standing requires an allegation of a present or immediate injury in fact, where the party requesting standing has ‘alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of the issues.’ There must be some causal connection between the asserted injury and the challenged action, and the injury must be of the type ‘likely to be redressed by a favorable decision.’

Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 804, 105 S.Ct. 2965, 2970, 86 L.Ed.2d 628 (1985), citing Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962).

A demonstrable causal connection must be shown between Jones’ case and plaintiffs’ interest as American citizens. Merely asserting their American citizenship is not enough to demonstrate a stake in the lawsuit between Jones and Clinton.

Where a plaintiff cannot show that it has suffered an “injury in fact” for which it may seek legal redress, rather than being a “concerned bystander” to someone else’s injury, it has no right to invoke the jurisdiction of the federal court. Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464, 473, 102 S.Ct. 752, 759, 70 L.Ed.2d 700 (1982).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Baker v. Carr
369 U.S. 186 (Supreme Court, 1962)
Jenkins v. McKeithen
395 U.S. 411 (Supreme Court, 1969)
Warth v. Seldin
422 U.S. 490 (Supreme Court, 1975)
Nixon v. Fitzgerald
457 U.S. 731 (Supreme Court, 1982)
City of Los Angeles v. Lyons
461 U.S. 95 (Supreme Court, 1983)
Phillips Petroleum Co. v. Shutts
472 U.S. 797 (Supreme Court, 1985)
Jones v. Clinton
869 F. Supp. 690 (E.D. Arkansas, 1994)
Herlihy v. Ply-Gem Industries, Inc.
752 F. Supp. 1282 (D. Maryland, 1990)
Smith v. Meese
821 F.2d 1484 (Eleventh Circuit, 1987)
In re Skolnick
396 U.S. 869 (Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
877 F. Supp. 622, 1995 U.S. Dist. LEXIS 2134, 1995 WL 75919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schramek-v-jones-flmd-1995.