Mehmeti v. N.Y. Bd. of Educ.

Decision Date29 July 2020
Docket Number20-CV-1494 (MKB)
PartiesYASMEYA MEHMETI, Plaintiff, v. NEW YORK BOARD OF EDUCATION, P.S. 25, P.S. 53, P.S. 40, and SOUTH RICHMOND HIGH SCHOOL, Defendants.
CourtU.S. District Court — Eastern District of New York

YASMEYA MEHMETI, Plaintiff,
v.
NEW YORK BOARD OF EDUCATION, P.S. 25, P.S. 53, P.S. 40,
and SOUTH RICHMOND HIGH SCHOOL, Defendants.

20-CV-1494 (MKB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

July 29, 2020


NOT FOR PUBLICATION

MEMORANDUM & ORDER

MARGO K. BRODIE, United States District Judge:

Plaintiff Yasmeya Mehmeti, proceeding pro se, commenced the above-captioned action on March 16, 2020 against Defendants New York City Board of Education ("BOE"), Public School ("P.S.") 53, P.S. 40, P.S. 25, and South Richmond High School. (Compl., Docket Entry No. 1.) The Court grants Plaintiff's application to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). (IFP Mot., Docket Entry No. 5.) For the reasons discussed below, the Court dismisses the Complaint.

I. Background

The Court assumes the truth of the factual allegations in the Complaint.

Plaintiff alleges that the BOE failed to give her a "proper education" at the schools she attended from 1992 through 2002. (Compl. 4.) Plaintiff alleges that she "should have been taught proper education" and be given "a tutor" if she had failed any subjects. (Id.) "Instead, they just rushed and passed" her and she did not "learn from the schools." (Id.) Plaintiff seeks "six million dollars in damages for pain and suffering" as well as "punitive damages from loss of wages from not being able to obtain jobs [her] entire life basically." (Id.) The Court will liberally construe the

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Complaint as being brought under 42 U.S.C. § 1983.1

II. Discussion

a. Standard of review

A complaint must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Matson v. Bd. of Educ., 631 F.3d 57, 63 (2d Cir. 2011) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). Although all allegations contained in the complaint are assumed to be true, this tenet is "inapplicable to legal conclusions." Iqbal, 556 U.S. at 678. In reviewing a pro se complaint, a court must be mindful that a plaintiff's pleadings must be held "to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)); see also Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (noting that after Twombly, courts "remain obligated to construe a pro se complaint liberally"). Nevertheless, the Court is required to dismiss sua sponte an in forma pauperis action if the Court determines it "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B); see also Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007).

In addition, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, if a court "determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."

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Fed. R. Civ. P. 12(h)(3); see also Cortlandt St. Recovery Corp. v. Hellas Telecomms., S.A.R.L., 790 F.3d 411, 416-17 (2d Cir. 2015) ("A district court properly dismisses an action under [Rule 12(b)(1) of the Federal Rules of Civil Procedure] for lack of subject matter jurisdiction if the court 'lacks the statutory or constitutional power to adjudicate it.'" (quoting Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000))); Lyndonville Sav. Bank & Trust Co. v. Lussier, 211 F.3d 697, 700-01 (2d Cir. 2000) ("[F]ailure of subject matter jurisdiction is not waivable and may be raised at any time by a party or by the court sua sponte. If subject matter jurisdiction is lacking, the action must be dismissed." (citations omitted)).

b. Plaintiff fails to state a claim

The Court has considered whether Plaintiff's complaint states a cognizable violation of her constitutional rights.2

Constitutional claims may be cognizable under 42 U.S.C. § 1983. To maintain a claim brought under section 1983, a plaintiff must allege that the conduct complained of (1) was

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"committed by a person acting under color of state law" and (2) deprived the plaintiff "of rights, privileges or immunities secured by the Constitution or laws of the United States." Pitchell v. Callan, 13 F.3d 545, 547 (2d Cir. 1994). Moreover, the plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation....

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