Marian Anthony v. Shawn Stephen

Summary

The United States District Court for the Southern District of California grants Defendant Shawn Stephen’s motion to dismiss Marian Anthony’s complaint. The court holds that the cited Title 18 criminal statutes do not provide private rights of action, the Bivens claim is deficient because Defendant is not alleged to be a federal officer, and the court lacks a sufficiently pleaded basis for jurisdiction over the state-law intentional infliction of emotional distress claim. Dismissal is granted with leave to amend within 21 days.

Holdings

1. The cited Title 18 criminal statutes do not provide a private right of action and therefore cannot support Plaintiff's civil claims.
2. Plaintiff failed to state a Bivens claim because he did not allege that Defendant was a federal officer or acted as a federal officer.
3. After dismissing the federal claims, the court could not retain the IIED claim on the jurisdictional allegations presented because Plaintiff failed to sufficiently establish supplemental or diversity jurisdiction.

Questions Presented

1. Whether alleged violations of various provisions of Title 18 of the United States Code created private rights of action supporting Plaintiff's civil lawsuit.
2. Whether Plaintiff stated a Bivens claim against Defendant despite failing to allege that Defendant was a federal officer.
3. Whether the court had subject-matter jurisdiction over Plaintiff's state-law intentional-infliction-of-emotional-distress claim after dismissing the federal claims, through supplemental jurisdiction or diversity jurisdiction.

Disposition

dismissed