Ibrahim Donmez v. New York City Department of Consumer Affairs, et al.
DueProcess JusticiabilityDoctri
Does 28-USC-1915 allow dismissal of non-frivolous non-prisoner complaints for failure to state a claim or seeking relief against immune defendants before service?
QUESTIONS PRESENTED 1) Does the language of 28 U.S.C. § 1915 allow screening or dismissal of nonfrivolous non-prisoner complaints and claims for failure to state a claim under 28 U.S.C. § 1915 (e) (2) (b) Gi) and seeking monetary relief against a defendant who is immune from such relief under 28 U.S.C. § 1915 (e) (2) (b) (iii) before service : of process and defendants’ answer? Was Neitzke v. Williams, 490 U.S. 319 (U.S. Supreme Court 1989) overruled by The Prison Litigation Reform Act (PLRA) for non-prisoner complaints and claims? 2) Did Court of Appeals violate due process? _