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Shabtai v. Giuliani
Citation: 48 F. App'x 18Docket: Docket No. 01-7920
Court: Court of Appeals for the Second Circuit; October 11, 2002; Federal Appellate Court
The judgment of the District Court is affirmed, as Devorah Shabtai's appeal from the June 29, 2001, decision of the United States District Court for the Eastern District of New York, presided over by Judge Frederic Block, was found to be without merit. Shabtai, representing herself, filed a civil complaint against several defendants including New York City Mayor Rudolph Giuliani and various state agencies, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), fraud, conspiracy, and intentional infliction of emotional distress, seeking monetary damages. The district court dismissed her complaint under 28 U.S.C. § 1915(e)(2)(B) for lack of jurisdiction and failure to state a cause of action. The appellate court reviewed this dismissal de novo and concurred with the district court's findings, particularly noting Shabtai's failure to adequately state a RICO cause of action. Additionally, the dismissal of her state-law claims was deemed justified due to a lack of jurisdiction under 28 U.S.C. § 1332 and considerations of judicial economy and fairness that weighed against the exercise of supplemental jurisdiction under 28 U.S.C. § 1367. Shabtai contended that she should have been allowed to amend her complaint; however, the appellate court determined that the fundamental issues in her complaint could not be remedied through amendment. Therefore, the appellate court affirmed the district court's judgment in its entirety.