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Keywords

plaintiffdefendantappealcorporationdivorcecivil rightsgood faith

plaintiffdefendantappealcivil rightsgood faith

Related Cases

Berkowitz v. U.S.

Facts

Adrian C. Berkowitz, the pro se plaintiff, alleged numerous grievances against various individuals and organizations, including the U.S.D.A. He claimed that after being fired from two jobs in the 1970s, he formed a corporation involved in a food program run by the U.S.D.A. He alleged that he was subjected to surveillance and later required to pay back $225,000, which the U.S.D.A. later rescinded. Berkowitz's claims included experiences in Israel where he faced violence and was forced to divorce his wife.

Pro se plaintiff Adrian C. Berkowitz has filed this civil rights action against the 'U.S.D.A,' along with an application to proceed in forma pauperis. Although his allegations are rambling and difficult to decipher, the plaintiff complains, in a single-spaced letter written in a stream-of-consciousness format, of numerous ways he has been 'shor[t] changed during [his] life time' by multiple people and organizations in the United States and Israel beginning in the 1970s.

Issue

Whether Berkowitz's complaint against the U.S.D.A. and the Jewish community states a plausible claim for relief or is subject to dismissal as frivolous.

Rule

Under 28 U.S.C. 1915(e)(2)(B), a federal district court must dismiss any in forma pauperis action that is frivolous, malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. 1915(e)(2)(B) requires a federal district court to dismiss before service any in forma pauperis action the court determines is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief.

Analysis

The court found that Berkowitz's allegations were rambling and lacked a coherent factual basis. Despite the requirement to liberally construe pro se complaints, the court determined that the complaint did not present any intelligible claim against the U.S.D.A. or the Jewish community. Furthermore, any civil rights claims based on events from the 1970s and 1990s would be time-barred.

The plaintiff's complaint, even liberally construed, fails to state a plausible claim on which relief may be granted and is legally and factually frivolous. The complaint does not set forth any intelligible, rational factual basis that would support a discernible federal civil rights claim (or any federal claim) against the U.S.D.A., or the 'Jewish community.'

Conclusion

The court dismissed Berkowitz's civil rights action pursuant to 28 U.S.C. 1915(e)(2)(B), certifying that an appeal could not be taken in good faith.

Accordingly, for the reasons stated above, this civil rights action is sua sponte dismissed pursuant to 28 U.S.C. y15(e)(2)(B). The Court further certifies, pursuant to 28 U.S.C. y15(a)(3), that an appeal from this decision could not be taken in good faith.

Who won?

The U.S.D.A. prevailed in the case as the court dismissed Berkowitz's complaint for being frivolous and failing to state a claim.

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