United States District Court, District of Columbia
N. McFADDEN United States District Judge
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
2. Two Rivers Defendants: Two Rivers Public Charter
School, Inc., Guye Turner, Jessica Wodatch, Maggie Bello and
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.
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.
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
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.
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).
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
” id. at 8 (¶ 14), breached a contract,
see id. at 8 (¶ 15), was negligent, see
id. at 9-10 (¶¶ ...