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Keywords

defendantjurisdictionattorneypleamotionclass actioncivil proceduremotion to dismisssovereign immunity
defendantjurisdictionattorneymotionclass actionfreedom of speechmotion to dismisssovereign immunity

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Flores v. U.S. Attorney Gen.

Facts

Flores, a Texas resident, attempted to file a class action complaint on behalf of himself and other Mexican-American citizens, alleging unlawful interference by the Government with their religious practices and freedoms. His sixty-three page complaint was criticized for being lengthy, disorganized, and unintelligible, failing to provide specific facts against the named defendants, the United States Attorney General and the FBI. The Government argued that similar complaints by Flores had been dismissed in other courts as frivolous and lacking a cognizable legal theory.

Flores, who resides in Texas, has attempted to bring his Complaint as a class action on behalf of himself and eighteen other Mexican-American citizens of the United States (some of whom are deceased), alleging that the Government is unlawfully interfering with religious practices, marriages, criminal investigations, and freedom of speech.

Issue

The main legal issues were whether the court had subject matter jurisdiction over Flores' claims and whether the complaint stated a valid claim for relief.

The Court recognizes that claims brought by pro se litigants are to be construed liberally.

Rule

The court applied the legal principles regarding subject matter jurisdiction and the requirements of Federal Rules of Civil Procedure, specifically Rule 8(a) and Rule 12(b)(6), which govern the standards for pleadings and motions to dismiss.

It is well-established that when a motion to dismiss is based on lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P . 12(b)(1) , as well as other grounds such as Fed. R. Civ. P . 12(b)(6) `such as were asserted in the Government's Motion to Dismiss (Dkt. No. 10) `courts must first address the subject matter jurisdiction issue, rather than assuming jurisdiction that it may not have.

Analysis

The court found that Flores' complaint did not meet the necessary pleading standards and was unintelligible, thus failing to provide a basis for subject matter jurisdiction. The court noted that Flores had not alleged specific facts against the named defendants and that his claims were barred by sovereign immunity, as Bivens actions cannot be brought against federal officials in their official capacities.

The Court cannot find any claim Flores makes specifically against the U.S. Attorney General. Moreover, Flores describes Defendants'�iability in official capacity for constitutional deprivation of First Amendment right to freedom of speech�and asserts that his claims are against �ndividuals in [their] official capacity.�(Dkt. No. 1 at 51, 53) (emphasis added). Bivens actions cannot be brought against a federal official in his or her official capacity.

Conclusion

The court granted the Government's motion to dismiss, concluding that Flores' complaint was dismissed for lack of subject matter jurisdiction and failure to state a claim.

For the reasons stated above, it is hereby ORDERED that Magistrate Judge Cannon's Report and Recommendation is ADOPTED IN PART AND MODIFIED IN PART ; and it is further ORDERED that Defendants' Motion to Dismiss (Dkt. No. 10) is GRANTED ; and it is further ORDERED that Flores' Complaint is DISMISSED ; and it is further ORDERED that the Clerk of Court shall mark this case CLOSED.

Who won?

The Government prevailed in this case because the court found that Flores' complaint was unintelligible and failed to meet the legal standards required for a valid claim.

The Court therefore lacks subject matter jurisdiction over Flores' claims against the FBI and Attorney General based on the doctrine of sovereign immunity, and modifies the Report and Recommendation accordingly.

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