Jeffery Dale Parker v. Winton Auction & Realty Co.

Summary

The United States District Court for the Eastern District of Tennessee dismissed Jeffery Dale Parker’s claims against Winton Auction & Realty Co. without prejudice for lack of subject-matter jurisdiction. The court held that 18 U.S.C. §§ 241 and 242 do not provide a private right of action and that the complaint did not establish diversity jurisdiction for any state-law claims because both parties appeared to be Tennessee residents. The court denied Winton’s motion to dismiss as moot.

Holdings

1. Sections 241 and 242 are criminal civil-rights statutes and do not create a private right of action for a civil litigant; therefore, claims based on those statutes did not establish federal-question jurisdiction under 28 U.S.C. § 1331.
2. The complaint failed to allege facts demonstrating complete diversity of citizenship under 28 U.S.C. § 1332; the addresses identified in the complaint indicated that both parties were Tennessee residents.
3. Because the complaint failed to establish either federal-question or diversity jurisdiction, the court dismissed Parker's claims without prejudice for lack of subject-matter jurisdiction.

Questions Presented

1. Whether 18 U.S.C. §§ 241 and 242 provide a private right of action that could establish federal-question jurisdiction.
2. Whether the complaint adequately alleged diversity of citizenship to establish jurisdiction under 28 U.S.C. § 1332.
3. Whether the action should be dismissed without prejudice for lack of subject-matter jurisdiction.

Disposition

dismissed