June 24, 2013
NATHAN TAYLOR, Plaintiff,
BLUNT JANET, Defendant.
CATHERINE C. BLAKE, District Judge.
The above-captioned case was filed on June 7, 2013, together with a motion to proceed in forma pauperis. ECF No. 2. Because plaintiff appears to be indigent, his motion shall be granted.
Plaintiff claims defendant, who is apparently an employee of the Baltimore City Police Department, slandered him by including "Gay Street" on a police report concerning plaintiff. He states that the inclusion of "Gay Street" slanders his character because it brings to mind for all who read it that plaintiff is a homosexual. The complaint fails to state a federal cause of action and must be dismissed.
First, defamation does not state a cognizable claim of constitutional dimension under the Civil Rights Act. See Paul v. Davis, 424 U.S. 693, 712 (1976). To the extent there exists a viable state law claim for the conduct alleged,  this court's diversity jurisdiction requirements are not met in this case. Under 28 U.S.C. §1332(a), a federal district court has original jurisdiction over all civil actions where the amount in controversy exceeds $75, 000, exclusive of interest and costs, and is between citizens of different states. The statute "requires complete diversity among parties, meaning that the citizenship of every plaintiff must be different from the citizenship of every defendant." Central West Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, 636 F.3d 101, 103 (4th Cir. 2011), citing Caterpillar, Inc. v. Lewis, 519 U.S. 61, 68 (1996). Both plaintiff and defendant are citizens of Maryland.
A separate order dismissing the complaint and granting plaintiff's motion to proceed in forma pauperis, follows.