RIGGINS v. AMERICAN SENIORS COMMUNITES NORTH CAPITAL et al
Plaintiff: LESTER RIGGINS
Defendant: KIMBERLIE D. SAMPSON and AMERICAN SENIORS COMMUNITES NORTH CAPITOL
Case Number: 1:2019cv03807
Filed: September 6, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Doris L Pryor
Referring Judge: James R Sweeney
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Opinion or Order Filing 11 CLOSED JUDGMENT. Final Judgment - For the reasons set forth in the separate Order signed this day, Plaintiff Lester Riggins' claims against Defendants American Seniors Communities and Kimberlie D. Sampson are dismissed with prejudice. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 10/21/2019.(JDC)
October 21, 2019 Opinion or Order Filing 10 Order Dismissing Case - On September 6, 2019, Plaintiff Lester Riggins filed a complaint (ECF No. 1) against Defendants American Seniors Communities ("ASC") and Kimberlie D. Sampson, alleging he was sexually assaulted by Sampson while at an ASC rehabilitation facility. Plaintiff's complaint purported to invoke federal question jurisdiction pursuant 28 U.S.C. 1331 by citing several federal statutes and the Eighth Amendment to the U.S. Constitution. Because he failed to allege any state action that would entitle him to relief, the Court ordered him to show cause why his complaint should not be dismissed for lack of subject matter jurisdiction. (ECF No. 5.) Plaintiff timely filed a response (ECF No. 9) to the Court's order on October 9, 2019. However, in his response, Plaintiff merely recites that subject matter jurisdiction arises under 28 U.S.C. 1342 and 1331. He also invokes "28 U.S.C. 1367 pursuant to 42 U.S.C. 1395i-3." But none of these statutes give the Court jurisdiction to hear Plaintiff's sexual assault allegations against a private individual and entity. However, it could be that jurisdiction may be found in a state court. This cause is therefore dismissed with prejudice. A final judgment will be entered separately. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 10/21/2019.(JDC)
October 9, 2019 Filing 9 RESPONSE re #5 Order to Show Cause, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(JDC)
September 30, 2019 Filing 8 Mail Returned as undeliverable, return to sender, not deliverable as addressed, unable to forward. Released (40 South Alabama St, Indpls, IN 46204) #5 Order to Show Cause sent to LESTER RIGGINS. (JDC)
September 27, 2019 Filing 7 NOTICE of Change of Address for LESTER RIGGINS. (Attachments: #1 Envelope) (JDC)
September 19, 2019 Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by LESTER RIGGINS. (Attachments: #1 Envelope)(JDC)
September 16, 2019 Opinion or Order Filing 5 Order to Show Cause - Plaintiff Lester Riggins filed a complaint ECF No. #1 against Defendants Kimberlie D. Sampson, C.N.A., and American Senior Communities, North Capitol, alleging injuries due to an alleged sexual assault on Riggins while he was at the defendant residential rehabilitation facility. He alleges violations of the Eighth Amendment to the U.S. Constitution, of several other federal statutes such as the Nursing Home Reform Act of 1987, as well as of state law. Plaintiff has filed a motion for leave to proceed in forma pauperis ECF No. #2 and a Motion for Assistance with Recruiting Counsel ECF No. #3 . However, it does not appear that this Court has subject- matter jurisdiction over this action. The complaint asserts that Plaintiff sues for violations of federal law under 28 U.S.C. 1331; the complaint does not invoke diversity jurisdiction. Plaintiff alleges Defendants violated his constitutional rights under the Eighth Amendment. But constitutional amendments do not protect against private behavior. And while Plaintiff alleges violations of other federal statutes, the factual allegations in his complaint do not plausibly state a claim under any of them. Even if the complaint sufficiently pleaded state law violations, that would not invoke federal-question jurisdiction and, as noted, Plaintiff has not invoked diversity jurisdiction. Accordingly, there is no basis for the Court to exercise federal-question jurisdiction under 28 U.S.C. 1331. And because the complaint says nothing about the citizenship of the parties, it does not suggest the Court may exercise diversity jurisdiction under 28 U.S.C. 1332. The plaintiff shall have through October 16, 2019, to file an amended complaint or otherwise show cause why his complaint should not be dismissed for lack of subject-matter jurisdiction. In doing so, he must clearly identify the federal constitutional or statutory provision giving rise to his claims and/or the state of each defendant's citizenship for purposes of diversity jurisdiction. Failure to do so in the time allotted will result in the dismissal of this action without further notice or opportunity to show cause. The Court will defer ruling on Plaintiff's motion to proceed in forma pauperis and motion to recruit counsel until subject-matter jurisdiction is established. (Copy to Plaintiff via U.S. mail) ***SEE ORDER FOR ADDITIONAL DETAILS*** Signed by Judge James R. Sweeney II on 9/16/2019.(JDC)
September 9, 2019 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC)
September 6, 2019 Filing 3 MOTION to Appoint Counsel, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Envelope). (MAC)
September 6, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Exhibit Affidavit and Transaction History, #2 Envelope). (MAC)
September 6, 2019 Filing 1 COMPLAINT against AMERICAN SENIORS COMMUNITES NORTH CAPITOL, KIMBERLIE D. SAMPSON, filed by LESTER RIGGINS. (No fee paid with this filing). (Attachments: #1 Exhibits, #2 Proposed Summons, #3 Envelope). (MAC)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System

Search for this case: RIGGINS v. AMERICAN SENIORS COMMUNITES NORTH CAPITAL et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: KIMBERLIE D. SAMPSON
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AMERICAN SENIORS COMMUNITES NORTH CAPITOL
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: LESTER RIGGINS
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?