Thomas v. Dc Law Enforcement

District Court, District of Columbia·Decided August 23, 2021·No. Civil Action No. 2021-1383·Published

Opinion

UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF COLUMBIA 8/23/2021 Clerk, U.S. District & Bankruptcy ELLIS D. THOMAS, JR., ) Court for the District of Columbia ) Plaintiff, ) ) v. ) Civil Action No. 21-1383 (UNA) ) ) DC LAW ENFORCEMENT et al., ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of Plaintiff’s Complaint filed pro se

and his application for leave to proceed in forma pauperis. The Court will grant the in forma

pauperis application and dismiss the case because the complaint fails to meet the minimal

pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure.

Pro se litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,

656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8(a) requires complaints to contain “(1) a short and

plain statement of the grounds for the court’s jurisdiction [and] (2) a short and plain statement of

the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see Ashcroft v.

Iqbal, 556 U.S. 662, 678-79 (2009); Ciralsky v. CIA, 355 F.3d 661, 668-71 (D.C. Cir. 2004).

The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted so that

they can prepare a responsive answer, mount an adequate defense, and determine whether the

doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). It also

assists the Court in determining whether it has jurisdiction over the subject matter.

1 Plaintiff purports to sue “DC Law Enforcement,” Compl. Caption, as well as D.C.

Superior Court and an individual in Prince William County, Virginia, Compl. at 2-3. The events

giving rise to this action are alleged to have occurred in the District and Atlanta, Georgia, from

“2002 – currently.” Id. at 4-5. Plaintiff alleges only that “over the years,” he has been assaulted

by “DC MPD” and “plain clothed officers” during traffic stops and searches, “especially during

the raid of [his] D.C. residence in 2006.” Id. at 5. He seeks compensatory and punitive

damages of $7,750,000.00. Id. A complaint, such as here, “that contains only vague and

conclusory” assertions fails to satisfy the pleading requirements of Rule 8(a). Hilska v. Jones,

217 F.R.D. 16, 21 (D.D.C. 2003) (citing Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514

(2002)). Therefore, this case will be dismissed. A separate order accompanies this

Memorandum Opinion.

_________s/_____________ EMMET G. SULLIVAN Date: August 23, 2021 United States District Judge

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Related

Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Ciralsky v. Central Intelligence Agency
355 F.3d 661 (D.C. Circuit, 2004)
Jarrell v. Tisch
656 F. Supp. 237 (District of Columbia, 1987)
Hilska v. Jones
217 F.R.D. 16 (District of Columbia, 2003)
Brown v. Califano
75 F.R.D. 497 (District of Columbia, 1977)