Northern California Record

Thursday, November 21, 2019

Court rules no strong evidence in suit against DHS

By Tomas Kassahun | Mar 4, 2018

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SAN FRANCISCO -- The California Northern District Court has ruled that plaintiff Vinton Frost doesn’t have enough evidence to prove his case against the U. S. Department of Homeland Security.

Frost alleges the government officials took his medical and insurance records and cellphone and attacked him on the street. The court said Frost only gave a few sentences about the alleged acts and didn’t provide enough facts to support his case. 

The court said “the standard for determining whether a plaintiff has failed to state a claim upon which relief can be granted is the same as the Federal Rule of Civil Procedure. The complaint must include a ‘short and plain statement’ and sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” 

Although Frost accused somebody who is related to the Central Intelligence Agency, the court said he couldn’t specify who exactly attacked him. 

"[The] plaintiff does not identify the specific actor or actors responsible," the court said. "Although he alludes to 'an enterprise affiliated in part with the 'Central Intelligence Agency,' he does not describe this group nor does he provide any factual support for his conclusion that they are responsible."

The court described Frost’s allegations as speculative and “insufficient to state a claim on which relief can be granted.”  

Frost is given a chance to appeal the case, but the court said appealing is only recommended if Frost can provide much more evidence. In his appeal, the court said Frost must be able to clearly show each legal claim, the facts supporting each claim and the defendant against whom the claim is alleged.

Frost is required to file his appeal before March 23. If he doesn’t, the case will be dismissed. The court added that the case will be dismissed if Frost doesn’t show enough evidence.  

"Plaintiff’s amended complaint will be dismissed if he does not correct the deficiencies the court has identified in this order," the court said. 

Frost isn’t required to refile a financial affidavit with his appeal because the court has already determined that he is unable to pay the filing fees. Frost represented himself when he filed his complaint against the DHS. 

The DHS has faced other accusations in the past year.

In September 2017 the DHS was accused of falsely alleging that Russians had hacked California’s election systems. 

On Jan. 24, the NAACP sued the DHS, saying the DHS’ decision to rescind the temporary protective status designation for Haitian immigrants discriminates against immigrants of color. 

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U.S. District Court for the Northern District of California