Robert Clifford v. Kroger Co.; Fred Meyer, Inc.; Amanda Elaiane Cain; Does 1–100; Black and White Cos. 1–10

Summary

The District of Oregon grants Robert Clifford’s petition to proceed in forma pauperis. The court dismisses his complaint without service because it insufficiently pleads slander per se, does not overcome the qualified privilege applicable to statements made to law enforcement, does not adequately attribute conversion of his vehicle to the defendants, and does not plausibly allege more than $75,000 in controversy. The dismissal is with leave to amend within thirty days.

Holdings

1. Plaintiff made a sufficient showing of indigency and was entitled to proceed in forma pauperis.
2. A district court must screen an IFP complaint under 28 U.S.C. § 1915(e)(2)(B) before service and dismiss it if it fails to state a claim, applying the Rule 12(b)(6) plausibility standard.
3. The complaint failed to allege sufficient facts to support a slander per se claim and failed to allege sufficient facts showing actual malice to overcome the qualified privilege protecting statements made to law enforcement.
4. The complaint failed to allege sufficient facts showing that defendants intentionally exercised dominion or control over plaintiff's vehicle.
5. The complaint did not sufficiently allege damages exceeding $75,000, as required for diversity jurisdiction under 28 U.S.C. § 1332.

Questions Presented

1. Whether plaintiff demonstrated sufficient indigency to proceed in forma pauperis.
2. Whether the complaint stated a plausible defamation or slander per se claim under Oregon law.
3. Whether the complaint alleged facts sufficient to overcome the qualified privilege applicable to statements made to law enforcement.
4. Whether the complaint plausibly alleged a conversion claim against defendants based on the towing of plaintiff's vehicle.
5. Whether the complaint adequately alleged an amount in controversy exceeding $75,000 for diversity jurisdiction.

Disposition

dismissed