Gina K. Seabrook, f/k/a Gina K. Covington v. Pete Hegseth, Secretary of Department of War

Summary

The United States District Court for the District of Utah screens a pro se plaintiff’s Bivens complaint under 28 U.S.C. § 1915 and Federal Rule of Civil Procedure 12(b)(6). The court concludes that the complaint does not identify a constitutional violation, the capacity in which the defendant is sued, or specific actionable conduct by the defendant. The court permits the plaintiff to file an amended complaint by January 19, 2026.

Holdings

1. The complaint failed to state a plausible Bivens claim because it did not identify a constitutional violation, specify the capacity in which Defendant was sued, or allege intelligible facts connecting Defendant to the alleged harm.
2. The complaint failed to satisfy the minimum pleading requirements of Rule 8(a)(2) and failed to state a claim under Rule 12(b)(6) because its allegations were conclusory and did not provide a plausible factual basis for relief.
3. The court granted Plaintiff an opportunity to file an amended complaint because the pleading deficiencies might be curable and amendment was not shown to be futile at that stage.

Questions Presented

1. Whether Plaintiff's complaint stated a plausible claim for relief under Bivens.
2. Whether the complaint satisfied Federal Rule of Civil Procedure 8(a)(2) and the Rule 12(b)(6) pleading standard.
3. Whether Plaintiff should be given an opportunity to amend before dismissal under the in forma pauperis screening statute.

Disposition

other