Gurdeep Boparai v. Muckleshoot Indian Casino

Summary

The U.S. District Court for the Western District of Washington grants in part the defendant’s motion for judgment on the pleadings and denies the plaintiff’s motion to appoint counsel. The court concludes that the plaintiff’s allegations of rude and disrespectful treatment do not establish a federal question, dismisses the complaint without prejudice for lack of subject-matter jurisdiction, and declines to address sovereign immunity.

Holdings

1. Allegations that a patron was treated rudely and disrespectfully, without more, do not support a claim arising under federal law and do not establish federal-question jurisdiction.
2. When the operative complaint does not plead a federal question, the court must dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).
3. Neither leave to amend again nor appointment of counsel was warranted where the jurisdictional deficiency did not appear curable through further amendment or a complaint drafted by appointed counsel.

Questions Presented

1. Whether Plaintiff's allegations that he was treated rudely and disrespectfully while visiting Defendant's premises pleaded a claim arising under federal law sufficient to establish federal-question jurisdiction.
2. Whether the court should grant Defendant's motion for judgment on the pleadings and dismiss the action for lack of subject matter jurisdiction.
3. Whether Plaintiff should be granted leave to amend again or appointed counsel.

Disposition

dismissed