UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
CATHY A. TURKALL, ) CASE NO. 5:23 CV 1663 ) Plaintiff, ) JUDGE JOHN R. ADAMS ) v. ) ) MEMORANDUM OF OPINION AULTMAN HOSPITAL, ) AND ORDER ) Defendant. )
Pro se Plaintiff Cathy A. Turkall filed this action against Aultman Hospital alleging that her husband received inadequate medical care from Aultman Hospital staff and died from his illness. She claims the hospital violated her and her husband’s individual civil liberties and seeks unspecified monetary damages. Plaintiff filed an Application to Proceed In Forma Pauperis. That Application is granted. I. Background Plaintiff alleges that her husband brought himself to the emergency room at Aultman Hospital on November 21, 2021. She does not indicate his symptoms or his diagnosis. She states that he was not permitted to leave the hospital and she was required to leave and have no contact with him. She contends they were treated in this way because they were unvaccinated. She was only allowed to speak to him by phone and call medical staff for updates. Plaintiff alleges that Aultman Hospital doctors did not contact her husband’s regular physician to get his medical information. She indicates Aultman Hospital personnel told her that her husband could not receive dialysis as there was not dialysis machine available. She asked to discuss different treatments and claims she was ignored. She alleges that her husband was intubated two weeks later and died on December 6, 2021. She states only that their “rights were taken from [them].” She seeks damages for mental anguish, pain and suffering, loss of consortium, loss of
companionship, final expenses, and lost income. II. Standard of Review Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the district court is required to dismiss an in forma pauperis action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions
are clearly baseless. Neitzke, 490 U.S. at 327. A cause of action fails to state a claim upon which relief may be granted when it lacks “plausibility in the complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the pleading must be sufficient to raise the right to relief above the speculative level on the assumption that all the allegations in the complaint are true. Twombly, 550 U.S. at 555. The Plaintiff is not required to include detailed factual allegations, but must provide more than “an unadorned, the defendant unlawfully harmed me accusation.” Iqbal, 556 U.S. at 678. A pleading that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet this pleading standard. Id. In reviewing a Complaint, the Court must construe the pleading in the light most favorable to the Plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998). III. Analysis
Federal courts are courts of limited jurisdiction and, unlike state trial courts, they do not have general jurisdiction to review all questions of law. See Ohio ex rel. Skaggs v. Brunner, 549 F.3d 468, 474 (6th Cir. 2008). Instead, they have only the authority to decide cases that the Constitution and Congress have empowered them to resolve. Id. Consequently, “[i]t is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377(1994) (internal citation omitted). Generally speaking, the Constitution and Congress have given federal courts authority to hear a case only when diversity of citizenship exists between the parties, or when the case raises
a federal question. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). The first type of federal jurisdiction, diversity of citizenship, is applicable to cases of sufficient value between “citizens of different states.” 28 U.S.C. § 1332(a)(1). To establish diversity of citizenship, the Plaintiff must establish that he is a citizen of one state and all of the Defendants are citizens of other states. The citizenship of a natural person equates to his domicile. Von Dunser v. Aronoff, 915 F.2d 1071, 1072 (6th Cir.1990). The second type of federal jurisdiction relies on the presence of a federal question. This type of jurisdiction arises where a “well-pleaded complaint establishes either that federal law creates the cause of action or that the Plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law.” Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 27–28 (1983). Diversity of citizenship does not exist in this case. Plaintiff indicates she lives in Massillon, Ohio. The only address provided for Aultman Hospital is Canton, Ohio. A plaintiff in federal court has the burden of pleading sufficient facts to support the existence of the court’s jurisdiction. Fed.R.Civ.P. 8. In a diversity action, the plaintiff must state the citizenship of all
parties so that the existence of complete diversity can be confirmed. Washington v. Sulzer Orthopedics, Inc., No. 03-3350, 2003 WL 22146143, at *1 (6th Cir. Sept. 16, 2003). The Complaint, as written, suggests that the Plaintiff and Defendant are both citizens of Ohio. Federal subject matter jurisdiction cannot be based on diversity of citizenship. If federal jurisdiction exists in this case, it must be based on a claimed violation of federal law. In determining whether a claim arises under federal law, the Court looks only to the “well- pleaded allegations of the Complaint and ignores potential defenses” Defendant may raise. Mikulski v. Centerior Energy Corp.,
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
CATHY A. TURKALL, ) CASE NO. 5:23 CV 1663 ) Plaintiff, ) JUDGE JOHN R. ADAMS ) v. ) ) MEMORANDUM OF OPINION AULTMAN HOSPITAL, ) AND ORDER ) Defendant. )
Pro se Plaintiff Cathy A. Turkall filed this action against Aultman Hospital alleging that her husband received inadequate medical care from Aultman Hospital staff and died from his illness. She claims the hospital violated her and her husband’s individual civil liberties and seeks unspecified monetary damages. Plaintiff filed an Application to Proceed In Forma Pauperis. That Application is granted. I. Background Plaintiff alleges that her husband brought himself to the emergency room at Aultman Hospital on November 21, 2021. She does not indicate his symptoms or his diagnosis. She states that he was not permitted to leave the hospital and she was required to leave and have no contact with him. She contends they were treated in this way because they were unvaccinated. She was only allowed to speak to him by phone and call medical staff for updates. Plaintiff alleges that Aultman Hospital doctors did not contact her husband’s regular physician to get his medical information. She indicates Aultman Hospital personnel told her that her husband could not receive dialysis as there was not dialysis machine available. She asked to discuss different treatments and claims she was ignored. She alleges that her husband was intubated two weeks later and died on December 6, 2021. She states only that their “rights were taken from [them].” She seeks damages for mental anguish, pain and suffering, loss of consortium, loss of
companionship, final expenses, and lost income. II. Standard of Review Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the district court is required to dismiss an in forma pauperis action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions
are clearly baseless. Neitzke, 490 U.S. at 327. A cause of action fails to state a claim upon which relief may be granted when it lacks “plausibility in the complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the pleading must be sufficient to raise the right to relief above the speculative level on the assumption that all the allegations in the complaint are true. Twombly, 550 U.S. at 555. The Plaintiff is not required to include detailed factual allegations, but must provide more than “an unadorned, the defendant unlawfully harmed me accusation.” Iqbal, 556 U.S. at 678. A pleading that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet this pleading standard. Id. In reviewing a Complaint, the Court must construe the pleading in the light most favorable to the Plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998). III. Analysis
Federal courts are courts of limited jurisdiction and, unlike state trial courts, they do not have general jurisdiction to review all questions of law. See Ohio ex rel. Skaggs v. Brunner, 549 F.3d 468, 474 (6th Cir. 2008). Instead, they have only the authority to decide cases that the Constitution and Congress have empowered them to resolve. Id. Consequently, “[i]t is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377(1994) (internal citation omitted). Generally speaking, the Constitution and Congress have given federal courts authority to hear a case only when diversity of citizenship exists between the parties, or when the case raises
a federal question. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). The first type of federal jurisdiction, diversity of citizenship, is applicable to cases of sufficient value between “citizens of different states.” 28 U.S.C. § 1332(a)(1). To establish diversity of citizenship, the Plaintiff must establish that he is a citizen of one state and all of the Defendants are citizens of other states. The citizenship of a natural person equates to his domicile. Von Dunser v. Aronoff, 915 F.2d 1071, 1072 (6th Cir.1990). The second type of federal jurisdiction relies on the presence of a federal question. This type of jurisdiction arises where a “well-pleaded complaint establishes either that federal law creates the cause of action or that the Plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law.” Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 27–28 (1983). Diversity of citizenship does not exist in this case. Plaintiff indicates she lives in Massillon, Ohio. The only address provided for Aultman Hospital is Canton, Ohio. A plaintiff in federal court has the burden of pleading sufficient facts to support the existence of the court’s jurisdiction. Fed.R.Civ.P. 8. In a diversity action, the plaintiff must state the citizenship of all
parties so that the existence of complete diversity can be confirmed. Washington v. Sulzer Orthopedics, Inc., No. 03-3350, 2003 WL 22146143, at *1 (6th Cir. Sept. 16, 2003). The Complaint, as written, suggests that the Plaintiff and Defendant are both citizens of Ohio. Federal subject matter jurisdiction cannot be based on diversity of citizenship. If federal jurisdiction exists in this case, it must be based on a claimed violation of federal law. In determining whether a claim arises under federal law, the Court looks only to the “well- pleaded allegations of the Complaint and ignores potential defenses” Defendant may raise. Mikulski v. Centerior Energy Corp., 501 F.3d 555, 560 (6th Cir. 2007). Although the well- pleaded-complaint rule focuses on what Plaintiff alleges, it allows the Court to look past the words of the Complaint to determine whether the allegations ultimately involve a federal
question. Ohio ex rel. Skaggs, 549 F.3d at 475. In addition to causes of action expressly created by federal law, federal-question jurisdiction also reaches ostensible state-law claims that: (1) necessarily depend on a substantial and disputed federal issue, (2) are completely preempted by federal law or (3) are truly federal-law claims in disguise. See Mikulski, 501 F.3d at 560; City of Warren v. City of Detroit, 495 F.3d 282, 286 (6th Cir. 2007). Here, Plaintiff is proceeding pro se and pro se plaintiffs enjoy the benefit of a liberal construction of their pleadings and filings. Boswell v. Mayer, 169 F.3d 384, 387 (6th Cir. 1999). Indeed, this standard of liberal construction “requires active interpretation ... to construe a pro se petition ‘to encompass any allegation stating federal relief.’” Haines, 404 U.S. at 520. Even with that liberal construction, however, Plaintiff failed to properly identify a federal question in this case. She claims the Defendants violated her and her husband’s civil liberties. She does not specify which particular constitutional rights she believes to have been violated by the Defendant and none are apparent on the face of the Complaint. It appears from the allegations that she is
attempting to assert a medical malpractice action. A medical malpractice claim arises under state tort law. It is not a constitutional violation. Plaintiff has not identified a federal right upon which she can base her Complaint. Federal Court jurisdiction cannot be based on the presence of a federal question. IV. Conclusion Accordingly, Plaintiff’s Application to Proceed In Forma Pauperis is granted, and this action is dismissed for lack of subject matter jurisdiction pursuant to 28 U.S.C. §1915(e). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.1
IT IS SO ORDERED.
Date: 11/17/2023 _/s/ John R. Adams__________________________ JOHN R. ADAMS UNITED STATES DISTRICT JUDGE
1 28 U.S.C. § 1915(a)(3) provides:
An appeal may not be taken in forma pauperis if the trial court certifies that it is not taken in good faith.