Zargarpur v. Townsend

18 F. Supp. 3d 734, 2013 WL 5755616, 2013 U.S. Dist. LEXIS 152677
CourtDistrict Court, E.D. Virginia
DecidedOctober 22, 2013
DocketNo. 1:13cv1022 (JCC/TRJ)
StatusPublished
Cited by3 cases

This text of 18 F. Supp. 3d 734 (Zargarpur v. Townsend) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zargarpur v. Townsend, 18 F. Supp. 3d 734, 2013 WL 5755616, 2013 U.S. Dist. LEXIS 152677 (E.D. Va. 2013).

Opinion

[736]*736 MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter is before the Court on Defendants Dennis Townsend, Danny White, Ron Cavanaugh, and Kenneth Cuccinelli’s (collectively “Defendants”) Motion to Dismiss (“Motion”). [Dkt. 18.] For the following reasons, the Court will grant Defendants’ Motion.

I. Background

The facts of this case are recounted in the Court’s Memorandum Opinion dated September 24, 2013, familiarity with which is presumed. In brief, Plaintiff Mattin Zar-garpur (“Plaintiff’) had an illicit affair with his teacher, Tina Amato (“Amato”), while a student at her school. (Compl. [Dkt. 1] ¶ 4.) Amato pled guilty to several charges associated "with this relationship in 2012. (Compl. ¶ 5.) Amato is currently prohibited from communicating with Plaintiff as part of her probation. (Compl. ¶ 6.) Plaintiff wishes to engage in a romantic relationship with Amato and alleges that this restriction infringes upon his “rights to enjoy the freedom of association and the freedom of intimate association guaranteed [to him] by the First and Fourteenth Amendments to the United States Constitution.” (Compl. ¶ 13.) In addition to damages, Plaintiffs Complaint seeks to enjoin Defendants from enforcing this condition of Amato’s probation. (Compl. ¶ 18.)

Presently before the Court is Defendants’ Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. (Defs.’ Mot. to Dismiss at 1.) Defendants argue that Plaintiff lacks standing to maintain this suit, and, alternatively, the Complaint fails to state a claim upon which relief can be granted. (Defs.’ Mem. in Supp. [Dkt. 19] at 2-3.) Plaintiff filed an opposition brief on the morning of oral argument. (Pl.’s Objection to Defs.’ Mot. to Dismiss (“Pl.’s Resp.”) [Dkts. 23-24] at 1.) In addition to disputing Defendants’ position, Plaintiffs brief asks the Court to reconsider its prior ruling on his motion for a preliminary injunction. (PL’s Resp. at 1.) This matter is now ripe for disposition.

II. Standard of Review

A. Rule 12(b)(1)

Federal Rule of Civil Procedure 12(b)(1) governs the dismissal of an action where the Court lacks subject matter jurisdiction. Defendants may attack subject matter jurisdiction in one of two ways. First, defendants may contend, as is the case here, that the complaint fails to allege facts upon which subject matter jurisdiction may be based. See Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir.1982); King v. Riverside Reg’l Med. Ctr., 211 F.Supp.2d 779, 780 (E.D.Va.2002). In such instances, all facts alleged in the complaint are presumed true. Adams, 697 F.2d at 1219; Virginia v. United States, 926 F.Supp. 537, 540 (E.D.Va.1995).

Second, defendants may argue that the jurisdictional facts alleged in the complaint are untrue. Adams, 697 F.2d at 1219; King, 211 F.Supp.2d at 780. In that situation, “the Court may ‘look beyond the jurisdictional allegations of the complaint and view whatever evidence has been submitted on the issue to determine whether in fact subject matter jurisdiction exists.’ ” Virginia, 926 F.Supp. at 540 (quoting Capitol Leasing Co. v. FDIC, 999 F.2d 188, 191 (7th Cir.1993)).

In either circumstance, the burden of proving subject matter jurisdiction falls on the plaintiff. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Adams, 697 F.2d at 1219; see also Johnson v. Portfolio Recovery Assocs., 682 F.Supp.2d 560, 566 (E.D.Va.2009) (holding that “having filed this suit and thereby seeking to [737]*737invoke the jurisdiction of the Court, Plaintiff bears the burden of proving that this Court has subject matter jurisdiction”).

B. Rule 12(b)(6)

“The purpose of a Rule 12(b)(6) motion is to test the sufficiency of a complaint; importantly, [it] does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.” Butler v. United States, 702 F.3d 749, 752 (4th Cir.2012) (citations and internal quotation marks omitted). When ruling on such a motion, a district court must accept all facts alleged in the complaint as true, drawing all reasonable inferences in favor of the plaintiff. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007). However, the court need not accept as true legal conclusion disguised as a factual allegation. Iqbal, 556 U.S. at 679-81, 129 S.Ct. 1937. The plaintiffs facts must “be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).

III. Analysis

Having carefully reviewed the Complaint and applicable case law, the Court agrees with Defendants that Plaintiff lacks standing to pursue this action. See Flaum v. Colonial Williamsburg Found., Civil Action No. 4:12cv111, 2012 WL 5879128, at *1 (E.D.Va. Nov. 21, 2012) (“Generally, challenges to standing are addressed under Rule 12(b)(1).” (citation omitted)).

Standing is a threshold requirement implicating the jurisdiction of the federal courts, and is “perhaps the most important” condition for a justiciable claim. Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). The “constitutional minimum of standing” requires (1) “an injury in fact — a harm suffered by the plaintiff that is concrete and actual or imminent, not conjectural or hypothetical”; (2) “causation — a fairly traceable connection between the plaintiffs injury and the complained — of conduct of the defendant”; and (3) “redressability — a likelihood that the requested relief will redress the alleged injury.” McBurney v. Cuccinelli 616 F.3d 393, 402 (4th Cir.2010) (citations omitted). “The standing doctrine, of course, depends [upon] ... whether the plaintiff is the proper party to bring the suit.” White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir.2005).

As noted above, Plaintiff is seeking to quash the no-contact provision of Amato’s probation on grounds that it infringes upon his constitutional rights. Plaintiffs Complaint, however, makes clear that this no-contact provision is personal to Amato and intended only to circumscribe her conduct. (Compl. ¶¶ 5-6.) No penalties will be imposed upon Plaintiff if he chooses to associate with Amato.

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Bluebook (online)
18 F. Supp. 3d 734, 2013 WL 5755616, 2013 U.S. Dist. LEXIS 152677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zargarpur-v-townsend-vaed-2013.