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Boykin v. Nassau County Sheriff Dept. Family Court Unit

United States District Court, E.D. New York

March 3, 2015

ARNESHA BOYKIN, Plaintiff,
v.
NASSAU COUNTY SHERIFF DEPT. FAMILY COURT UNIT; SHARI R. LANDECKER, Nassau County CPS; and ELLEN R. GREENBERG, Nassau County Family Court Judge, Defendants.

Arnesha Boykin, pro se Rosedale, NY, Plaintiff.

No appearances, Defendants.

MEMORANDUM & ORDER

JOANNA SEYBERT, District Judge.

On September 11, 2014, pro se plaintiff Arnesha Boykin ("Plaintiff") filed a Complaint in the United States District Court for the Southern District of New York pursuant to 42 U.S.C. § 1983 ("Section 1983") against the Nassau County Sheriff Department Family Court Unit (the "Sheriff's Department"), Shari R. Landecker, Nassau County CPS ("Landecker"), and Judge Ellen R. Greenberg, Nassau County Family Court ("Judge Greenberg" and collectively "Defendants"), accompanied by an application to proceed in forma pauperis. By Transfer Order dated September 17, 2014, Plaintiff's Complaint was transferred from the Southern District to this Court. (See Docket Entries 3-5.)

Upon review of the declaration in support of her application to proceed in forma pauperis, this Court finds that Plaintiff's financial status qualifies her to commence this action without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1).

Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Complaint is sua sponte DISMISSED WITH PREJUDICE as against the Sheriff's Department and WITHOUT PREJUDICE as against Landecker and Judge Greenberg pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

BACKGROUND[1]

Plaintiff alleges that she has been harassed by Judge Greenberg, who is alleged to "ha[ve] turned my life upside down for the past three years." (Compl. at 4.) Plaintiff claims to have challenged a determination by the Hempstead School District ("District") that her twin daughters are disabled. (Compl. at 4.) Plaintiff alleges that such label was assigned to her daughters solely to "bring about extra funding from the government" to the District. (Compl. at 4.) Plaintiff disagreed with that assessment and, in August 2013, moved with her children to Rosedale, Queens, where they were enrolled in P.S. 195. (Compl. at 4.) There, Plaintiff claims that her children were placed in a "normal class setting." (Compl. at 4.) According to the Complaint, Judge Greenberg and unidentified "Nassau officials contact[ed] the school in Queens, [and] my children became special. They all of a sudden had special needs." (Compl. at 4.) Plaintiff claims that her daughters' "medical doctor has not label[ed] them with any of these deficiencies." (Compl. at 4.) Thus, Plaintiff alleges that "[t]hese individuals are trying to add disabilities in order to make money." (Compl. at 4.) Plaintiff then decided to home school her children in January 2014, [2] and, when Judge Greenberg learned about it, "summoned [Plaintiff] to court." (Compl. at 4.) Plaintiff alleges that she slipped and fell on the ice on her way to Court on January 22, 2014 and was taken to Jamaica Hospital. (Compl. at 5.) When Plaintiff failed to appear for Court, Plaintiff claims that "Judge Ellen Greenberg had already sent Nassau County Sheriffs to Rosedale Queens to [a]rrest my daughters and I." (Compl. at 5.)

Plaintiff then "fast forward[s]" to June 16, 2014 when she alleges she was arrested and her children were taken into Nassau County foster care. (Compl. at 5.) Plaintiff alleges that she has not been provided with a copy of the warrant for her arrest and has "had very little contact with [her] daughters since." (Compl. at 5.) According to Plaintiff, she was advised that she was arrested because she "failed to send [her] daughters to school" (Compl. at 5) even though Judge Greenberg was aware that she was home schooling her children. Further, Plaintiff alleges that she was told that she was arrested because she has a "BEEF" with Judge Greenberg. (Compl. at 6.)

As a result of the following, Plaintiff seeks an order directing Judge Greenberg to return Plaintiff's children to her. Plaintiff also seeks, inter alia, a monetary damages award of $25 million from Nassau County.[3] (Compl. ¶ V, and at 7.)

DISCUSSION

I. In Forma Pauperis Application

Upon review of Plaintiff's declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). ...


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