Germain v. Broward County Government

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
FRANTZ GERMAIN, )
)
Plaintiff, )
)
v. ) Civil Action No. 23-1723 (UNA)
)
BROWARD COUNTY )
GOVERNMENT, et al., )
)
Defendants. )
MEMORANDUM OPINION
Now before the Court is plaintiff Frantz Germaine’s application to proceed in forma
pauperis and pro se complaint. The Court will grant the application, and for the reasons stated
below, dismiss the complaint.
A pro se litigant’s pleading is held to less stringent standards than would be applied to a
formal pleading drafted by lawyers. See Haines v. Kerner, 404 U.S. 519, 520 (1972). Even pro
se litigants, however, must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,
656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8 of the Federal Rules of Civil Procedure requires
that a complaint contain a short and plain statement of the grounds upon which the Court’s
jurisdiction depends, a short and plain statement of the claim showing that the pleader is entitled
to relief, and a demand for judgment for the relief the pleader seeks. Fed. R. Civ. P. 8(a). The
purpose of the minimum standard of Rule 8 is to give fair notice to the defendants of the claim
being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense, and to
determine whether the doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498
(D.D.C. 1977).
Suffice it to say that the complaint is difficult to follow. He brings this action against
elected officials in Broward County, Florida, and demands an award of $21 million, for reasons
that are not entirely clear. It appears that plaintiff, his former wife and minor child resided in
Broward County until the couple separated and his former wife moved to California with the
child. It further appears that plaintiff’s former wife filed for divorce and child custody in Placer
County, California, and that the California court’s decree, among other things, awarded sole
legal and physical custody of the child to plaintiff’s former wife and ordered the sale of the
family residence in Coconut Creek, Florida. Plaintiff’s claims appear to arise from the recording
and execution of the foreign judgment, pursuant to which plaintiff was evicted from the family
residence.
Plaintiff’s complaint fails to meet the minimal pleading standard set forth in Rule 8(a).
Missing are statements demonstrating a basis for this Court jurisdiction and plaintiff’s
entitlement to relief. Even after reviewing hundreds of pages of exhibits attached to the
complaint, the Court cannot identify a viable legal claim against any of the named defendants.
An Order is issued separately.
2023.07.17
10:23:25 -04'00'
TREVOR N. McFADDEN
DATE: July 17, 2023 United States District Judge