United States District Court, D. Oregon, Eugene Division
WILLIAM M. WEISHAMPEL, Plaintiff,
CIRCLE OF CHILDREN; CAROLINA ALLEN; THOMAS PRICE; CHARLES COXON Defendants.
OPINION & ORDER
AIKEN UNITED STATES DISTRICT JUDGE.
William M. Weishampel filed this suit pro se and
in forma pauperis against defendants Circle of
Children, a nonprofit organization, and its board \
members Thomas Price, Carolina Allen, and Charles Coxon.
Plaintiff held many positions at Circle of Children,
including caretaker, executive director, and board member.
Plaintiff alleges that defendants wrongfully terminated him
from those S positions.
of Children, now known as Triangle Lake Center
("TLC"), moves to I dismiss plaintiffs claims. For
the reasons stated below, the Motion to Dismiss (doc. 57) is
GRANTED in part and DENIED in part. Additionally, plaintiff
is ordered to amend the Complaint to include the changes he
asked for the Court's leave to make in his motions to
amend (docs. 19-21), LEGAL STANDARDS
survive a motion to dismiss under the federal pleading
standards, the complaint must include a short and plain
statement of the claim and "contain sufficient factual
matter, accepted as true, to 'state a claim for relief
that is plausible on its face."' Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Ail.
Corp. v. Twotnbly, 550 U.S. 544, 570 (2007)). A
complaint is construed in favor of the plaintiff, and its
factual allegations are taken as true. Daniels-Hall v.
Nat'l Educ. Ass'n, 629 F.3d 992, 998 (9th Cir.
2010). "Generally, the scope of review on a motion to
dismiss for failure to state a claim is limited to the
se pleadings are held to less stringent standards than
pleadings by attorneys. Haines v. Kerner, 404 U.S.
519, 520-21 (1972). That is, courts should construe pleadings
by pro se plaintiffs liberally and afford the
plaintiffs the benefit of any doubt. Karim-Panahi v. L.A.
Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988).
Additionally, a pro se litigant is entitled to
notice of the deficiencies in the complaint and the
opportunity to amend, unless the complaint's deficiencies
cannot be cured by amendment. Id.
Motion asserts that the Complaint should be dismissed because
(1) the claims are time barred; (2) plaintiff fails to state
a claim upon which relief can be granted; and (3) the Court
lacks subject matter jurisdiction over the claims under Rule
Subject Matter Jurisdiction
Court will consider TLC's Rule 12(b)(1) motion separate
from its Rule 12(b)(6) motions. Subject matter jurisdiction
grants power to federal courts to hear a case and can never
be waived or forfeited. Gonzalez v. Thaler, 565 U.S.
134, 141 (2012). Courts may consider subject matter
jurisdiction at any time sua sponte. Id . Federal
subject matter jurisdiction must be based upon either the
presence of a federal question or on diversity of
citizenship, 28 U.S.C. §§ 1331, 1332, A.
invoke federal question jurisdiction, a plaintiff must plead
that the defendant has violated some constitutional or
federal statutory provision. 28 U.S.C. § 1331;
Franchise Tax Ed. v. Construction Laborers, 463 U.S.
1, 27-28 (1983).
case, plaintiff cites multiple federal statutes as bases for
federal question jurisdiction. However, many of the statutes
cited are criminal statutes that allow the United States
government to prosecute individuals for committing criminal
acts. See Compl. Ex. at 1 (citing 18 U.S.C. § 1028; 18
U.S.C. § 1708; 18 U.S.C. § 2292; 18 U.S.C. §
1622; 10 U.S.C. § 929, Art. 129; 18 U.S.C. § 1623;
18 U.S.C. § 2319(b); 25 C.F.R. § 11.401; 25 C.F.R.
§ 11.429; 43 C.F.R. § 9269.3). These federal
criminal statutes do not generally provide a private right of
action. See Cent. Bank of Denver, N.A. v. First
Interstate Bank of Denver, N.A., 511 U.S. 164, 190
also asserts a claim for "wrongful disclosure of
individually identifiable health information" under 42
U.S.C. § 1320(d)(6). Compl. Ex. 1 at 1. Section
1320(d)(6) is a Social Security statute and does not address
disclosure of sensitive health information.
plaintiff asserts a defamation claim under 28 U.S.C. §
4101, which is a definition section for a chapter of the
United States Code about foreign judgments. Section 4101 does
not provide a cause of action for defamation.
Plaintiff asserts a copyright claim under 17 U.S.C. §
501, which provides a cause of action for copyright
infringement. Id. To state a claim for copyright
infringement, a plaintiff must show that they are the legal
or beneficial owner of the exclusive right under a copyright.
17 U.S.C. § 5010b). Plaintiff has not alleged facts
demonstrating that he is the owner of a legal copyright, nor
do the facts of this case suggest that any copyright issues
are implicated. Therefore, plaintiff has failed to state a
copyright claim. ...