Christiana Itiowe v. United States Government

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 13-3231
___________
*CHRISTIANA ITIOWE,
Appellant
v.
UNITED STATES GOVERNMENT; UNITED STATES HOUSE
OF REPRESENTATIVES/CONGRESS; DEPARTMENT OF HOMELAND
SECURITY; STATE OF NEW JERSEY MENTAL HEALTH DIVISION
(*Amended as per the Clerk’s 08/12/13 Order)
____________________________________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil Action No. 3-13-cv-02102)
District Judge: Honorable Joel A. Pisano
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
December 30, 2013
Before: SMITH, GARTH and ROTH, Circuit Judges
(Filed: February 11, 2014)
___________
OPINION
___________
PER CURIAM
Pro se appellant Christiana Itiowe (“Christiana”) appeals the District Court’s order
dismissing her complaint. For the reasons set forth below, we will affirm the District
Court’s order.
Christiana filed a complaint in the District Court naming various government
entities (set forth in the margin1) as defendants. While she listed herself as the plaintiff,
her claims concerned alleged injuries to her brother, Franklin Itiowe (“Franklin”). She
alleged that in 2006, Franklin, who is a citizen of Nigeria, applied to become a lawful
permanent resident of the United States. However, in March 2006, days before he was
scheduled to be interviewed by immigration officials in connection with his application,
he had a psychotic episode and was hospitalized in New York, which prevented him from
attending the interview. As a consequence, Christiana says, the immigration proceedings
were closed and Franklin was denied relief. Franklin is now, apparently, an inpatient at
the Trenton Psychiatric Hospital (“Hospital”). Although the complaint is rather unclear,
it appears that Hospital personnel attempted to reopen the immigration matter on
Franklin’s behalf, but that Christiana disagrees with the way that they have handled the
proceedings. She also asserted that while in the Hospital, Franklin contracted hepatitis A.
She has requested that a green card be issued to Franklin and that damages of $300
billion be awarded.
1
Christiana sued the United States Government, the United States House of
Representatives, the Department of Homeland Security, the Trenton Psychiatric Hospital,
and the State of New Jersey Mental Health Division.
2
The District Court dismissed the complaint, concluding that Christiana lacked
standing to litigate these claims. Christiana then filed a timely notice of appeal to this
Court. We have jurisdiction under 28 U.S.C. § 1291 and exercise a plenary standard of
review. See Monroe v. Beard, 536 F.3d 198, 205 (3d Cir. 2008).2
We agree with the District Court that Christiana does not have standing to pursue
these claims on her own behalf. Article III of the Constitution limits federal judicial
power to the adjudication of cases or controversies. U.S. Const. art. III, § 2. “That case-
or-controversy requirement is satisfied only where a plaintiff has standing.” Sprint
Commc’ns Co., L.P. v. APCC Servs., 554 U.S. 269, 273 (2008). To establish standing, a
plaintiff must allege an injury that “affect[s] the plaintiff in a personal and individual
way.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 n.1 (1992). Thus, subject to
exceptions not relevant here, “a litigant must assert his or her own legal rights and
interests, and cannot rest a claim to relief on the legal rights or interests of third parties.”
Powers v. Ohio, 499 U.S. 400, 410 (1991). Here, as the District Court concluded,
Christiana did not allege that she suffered an injury; rather, her claims concern her
brother’s alleged injuries. Accordingly, we discern no error in the District Court’s
conclusion that Christiana does not have standing to assert these claims. See generally
Whitmore v. Arkansas, 495 U.S. 149, 156-61 (1990).
2
In this Court, appellee United States House of Representatives filed a motion to be
excused from filing a brief, which we granted on October 29, 2013. In that same order,
we denied Christiana’s request that we issue a green card to Franklin.
3
With that said, a review of the complaint suggests that Christiana intends to assert
these claims on her brother’s behalf. See generally Donald v. Cook Cnty. Sheriff’s
Dep’t, 95 F.3d 548, 559-60 (7th Cir. 1996) (considering both caption and body of
complaint to assess pro se plaintiff’s claims). Franklin unquestionably does have
standing to raise these claims; thus, the issue is not whether the standing requirements are
satisfied, but whether Christiana is permitted to sue on Franklin’s behalf. See Gardner ex
rel. Gardner v. Parson, 874 F.2d 131, 137 n.9 (3d Cir. 1989). She is not. It is well settled
that an individual proceeding pro se may not represent third parties in federal court. See
Lazaridis v. Wehmer, 591 F.3d 666, 672 (3d Cir. 2010); Osei-Afriyie v. Med. Coll. of
Pa., 937 F.2d 876, 883 (3d Cir. 1991). Therefore, Christiana lacks the authority to sue on
behalf of her brother, and lacks standing to sue on behalf of herself. The District Court
thus did not err in dismissing Christiana’s complaint, although we stress that the
dismissal as to Franklin’s claims is without prejudice. See, e.g., Berrios v. N.Y.C. Hous.
Auth., 564 F.3d 130, 135 (2d Cir. 2009).
Accordingly, we will affirm the District Court’s order. We also deny Christiana’s
separate motions to remand the case to the District Court, to stay this appeal, and to issue
a green card to Franklin, and to file documents under seal.
4