Tuqa Rahim Kadhem v. City of Columbus, Ohio, et al.

Summary

The United States District Court for the Southern District of Ohio grants Tuqa Rahim Kadhem's application to proceed in forma pauperis and screens her complaint under 28 U.S.C. § 1915. The magistrate judge recommends dismissing the action for failure to state a claim under 42 U.S.C. § 1983, concluding that the complaint does not identify a specific constitutional violation, adequately plead municipal liability under Monell, or establish entitlement to injunctive relief. The order also recommends certifying that an appeal would not be taken in good faith and explains the procedure for filing objections.

Holdings

1. The complaint failed to state a claim under 42 U.S.C. § 1983 because it did not identify with specificity any constitutional right violated and alleged only conclusorily that the defendants acted under color of state law.
2. The complaint failed to state a municipal-liability claim because it did not allege that a constitutional violation resulted from an official policy or custom of the City of Columbus.
3. The complaint failed to state a claim for injunctive relief because Plaintiff did not allege present harm or a significant possibility of future constitutional violations and cited no authority authorizing the requested order.

Questions Presented

1. Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983 against the individual defendants.
2. Whether the complaint stated a municipal-liability claim against the City of Columbus under Monell.
3. Whether the request for an order correcting the police report stated a claim for injunctive relief.
4. Whether the complaint should be dismissed during in forma pauperis screening under 28 U.S.C. § 1915(e)(2).

Disposition

other