Sara L. Shriqui v. Belinda Btesh

Summary

The United States District Court for the District of New Jersey grants Sara L. Shriqui’s application to proceed in forma pauperis and screens her complaint under 28 U.S.C. § 1915(e)(2)(B). The court dismisses without prejudice her intentional infliction of emotional distress claim for failure to state a claim, finding that the alleged Facebook posts did not sufficiently constitute extreme and outrageous conduct under New Jersey law. The court permits her defamation claim to proceed.

Holdings

1. The complaint failed to state an intentional-infliction-of-emotional-distress claim because it did not adequately allege that defendant's Facebook statements were sufficiently extreme and outrageous to go beyond all possible bounds of decency.
2. The defamation claim was sufficiently pleaded to proceed and was not dismissed under 28 U.S.C. § 1915(e)(2)(B).

Questions Presented

1. Whether the complaint's intentional-infliction-of-emotional-distress claim stated a plausible claim under New Jersey law.
2. Whether the complaint's defamation claim should be dismissed at the screening stage under 28 U.S.C. § 1915(e)(2)(B).

Disposition

other