Aquilla Thrower v. Vista Auto Group, Inc., et al.

Summary

The United States District Court for the Eastern District of Pennsylvania grants Aquilla Thrower leave to proceed in forma pauperis but dismisses her complaint for lack of subject matter jurisdiction. The court concludes that the private defendants are not state actors for purposes of 42 U.S.C. § 1983 and that Thrower failed to adequately plead the parties’ citizenship for diversity jurisdiction. The dismissal is without prejudice to filing an amended complaint or pursuing the state-law claims in state court.

Holdings

1. The complaint did not raise a substantial federal question because the alleged conduct involved private companies that were not state actors and therefore was not actionable under § 1983 on the allegations pleaded.
2. The complaint did not establish diversity jurisdiction because it failed to allege the citizenship of the defendants and did not provide sufficient allegations concerning complete diversity.
3. The court could and was required to dismiss the action when the complaint failed to establish subject matter jurisdiction.

Questions Presented

1. Whether Thrower's allegations concerning transactions with private automobile, financing, and insurance companies presented a substantial federal question under 28 U.S.C. § 1331 and 42 U.S.C. § 1983.
2. Whether the complaint adequately alleged diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the complaint should be dismissed for lack of subject matter jurisdiction during in forma pauperis screening.

Disposition

dismissed