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Banks v. Bowser

United States District Court, District of Columbia

May 17, 2019

LOUIS BANKS, Plaintiff,
v.
MURIEL BOWSER, et al., Defendants.

          MEMORANDUM OPINION

          TREVOR N. McFADDEN United States District Judge

         Louis Banks filed a civil complaint in the Superior Court of the District of Columbia on behalf of himself and his minor son (“D.B.”) against a host of defendants the Court divides into three groups:

1. District Defendants: Mayor Muriel Bowser, Metropolitan Police Chief Peter Newsham, and Attorney General Karl Racine.
2. Two Rivers Defendants: Two Rivers Public Charter School, Inc., Guye Turner, Jessica Wodatch, Maggie Bello and David Nitkin.
3. Council Defendants: Charles Allen, Anita Bonds, Mary Cheh, Jack Evans, Vincent Gray, David Grosso, Kenyan McDuffie, Phil Mendelson, Brianne Nadeau, Elissa Silverman, Brandon Todd, Robert C. White, and Trayon White, Sr.

         The Two Rivers Defendants removed this action. ECF No. 1. This matter is here on the defendants' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) claiming the Complaint fails to state a claim upon which relief can be granted. ECF Nos. 10, 12 and 16.[1]

         When a court considers a Rule 12(b)(6) motion, it must accept as true the well-pleaded factual allegations set forth in a complaint, and it must hold a complaint drafted by a pro se plaintiff to a less stringent standard than it would apply to a complaint drafted by a lawyer. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972). Even evaluated under this relaxed standard, the Complaint is hopelessly deficient. Based on it, the defendants' briefs, and Mr. Banks' oppositions, the Court grants the defendants' motions and dismisses the complaint in its entirety.[2]

         I.

         The heading of Mr. Banks' Complaint reads:

BIVENS ACTION: FOURTH, FIFTH AMENDED COMPLAINT FOR DAMAGES AND BREACH OF A SUBSTANTIVE DUE PROCESS, WITH SOCPE [sic] OF VIOLATION CONSTUTIONAL [sic] TORTS, AND STATUTES 18-USC 241-242 WITH DC LAWS

ECF No. 1-1 (“Superior Ct. Docs.”) at 3 (page numbers designated by ECF). The first section of the Complaint, titled STATEMENT, reads:

Plaintiff's [sic] sues defendant under dispossessed of my rights deprived my ability [to] defend them; that deprivation alone would be actionable under federal statutes known as a Bivens Action statutes 18-USC 241-242 for money due to violation Fourth, Fifth Amended, Negligent, Brach [sic] of Contract, Retaliation, Fraudulent Misrepresentation and states as follows $30million for Monetary, Punitive Damage, Declaratory, and Injunctive relief were [sic], as here, the action that is alleged to be unconstitutional.

Superior Ct. Docs. at 4.

         Three incidents appear to have led to the Complaint: Mr. Bank's arrest on April 11, 2015 and later detention, see Id. at 4-6 (¶¶ 1-3, 10); an incident on September 17, 2015 involving D.B. and staff at the charter school D.B. attended at that time, see id. at 5-6, 7, 9-10 (¶¶ 5-6, 11, 13, 16 and 18 (Second Claim 4)); and an incident on April 5, 2018, at Two Rivers Public Charter School where D.B. is or was a student, see id. at 4, 8-11 (¶¶ 14-17, 21).

         Mr. Banks alleges that, on April 5, 2018, Guye Turner, presumably a Two Rivers employee, made a video recording of D.B. on his cell phone without Mr. Banks' consent. Id. at 4. This action, Mr. Banks asserts, was “taken pursuant to a municipal policy, legislation vote practice, that diminish my and 9 year minor child rights.” Id. And Mr. Banks contends that this video recording incident “constitute[d] []threat/harassment/stalking/etc., ” id. at 8 (¶ 14), breached a contract, see id. at 8 (¶ 15), was negligent, see id. at 9-10 (ΒΆΒΆ ...


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