Rhaka Khan’s Lawsuit Against The FBI, The Rock, The Garcia Twins & Many Others Dismissed
The lawsuit filed by Rhaka Khan (Trenesha Daniyall Biggers) against the FBI, the state of Texas, and a bunch of wrestlers, celebrities, and companies has been officially put to rest.
On October 22, 2022, Khan filed a lawsuit against dozens of people and companies, alleging that there was a conspiracy against her in regard to the criminal court case she has been facing since 2019 on charges of interference with child custody and aggravated kidnapping.
That lawsuit was filed against dozens of people including (but not limited to):
The State of Texas, The El Paso Child Protective Services, the FBI, The Las Cruces, New Mexico Police Department, The NYPD, The National Center for Missing and Exploited Children, New York ACS, Omega Psi Phi Fraternity Inc., Shirley Police Department, Sigma Phi Epsilon, Suffolk County NY, Dwayne “The Rock” Johnson, The Miz and Maryse, Heath Miller, Nikki Bella, Chris Benoit, Mark Jindrak, Panda Energy (the now-defunct company that owned TNA), Home Depot, Florida Championship Wrestling (also now defunct), Steve Keirn, The NWA, Billy Corgan, Deep South Wrestling (defunct), Bank of America, Michael Jordan, several universities, Jim Cornette, Mick Foley, New York City area energy company Con Edison.
Pwinsider is reporting that the lawsuit has been dismissed by the US District Court. There has been zero movement on the case, which sought $3 billion in damages and mostly consisted of the mind-boggling list of defendants — some of whom were listed more than once. None of the defendants were ever served with the lawsuit.
The Court’s order reads:
Plaintiff Trenesha Biggers (“Biggers”), who is appearing pro se, brings this federal action against approximately 1,000 individuals and entities from various states. Regarding her claims that arose in New York State, she alleges that, in 2019, individuals removed her children when she was arrested.
By order dated February 27, 2023, the Court granted Biggers’ request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. For the following reasons, the Court dismisses the complaint for failure to comply with Rule 8 of the Federal Rules of Civil Procedure, with 30 days’ leave to plead claims that arose in a county within the Southern District of New York. The Court also dismisses claims that arose outside of this District for improper venue, see 28 U.S.C. § 1406(a), without prejudice to Biggers’ filing civil actions in the proper venues.
STANDARD OF REVIEW
The Court must dismiss an IFP complaint, or portion thereof, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original).
BACKGROUND
This action arises from proceedings that primarily occurred, or are ongoing, in Suffolk and New York Counties, New York, as well as in El Paso County, Texas.
The following facts drawn from the complaint are specific to the allegations that arose in the State of New York.
In 2019, Biggers lived in New York with her two minor children.
1 She had full custody of Z.S. and an order of protection against Sims was presented to Esparza and Detective Vera by the Suffolk County Fugitive Squad. The protective order was provided to the El Paso authorities before Biggers was extradited from New York to El Paso. While Biggers was in custody, New York ACS failed to bring Biggers and the children before a Judge. The children were then kidnapped from Biggers, separated from one another, and taken to two different states. Biggers was not able to regain contact with her children.
. . .
On October 8th, 2019, the Shirley New York Precinct 7 Police [located in New York County]2 entered into Brighter Tomorrow’s domestic violence shelter and arrested Biggers. They sta[]ted they had a warrant for ‘interference with child custody’ and ‘aggravated kidnapping’ of Z.S. issued by El Paso, Texas
. . . .
Upon arriving to the station, the Suffolk County Fugitive Squad reviewed Biggers custody order and protective order. They contacted the El Paso County District Attorneys office to inform them of the order. According to the Suffolk County Fugitive Squad, El Paso instructed them to send Biggers to be extradited back to El Paso anyway.
Plaintiff does not state where in New York she resided, but she provides in her complaint a New York County address.
. . .
Once it was confirmed that Biggers was going to prison to await extradition to El Paso ACS Worker A met Biggers at the station. Biggers presented ACS worker A with the Protective Order and provided names and contact information on who he was to contact to pick up the Biggers’ daughters from the 7th Precinct
. . . .
After being booked into Riverhead Correctional Facility [located in Suffolk County], Biggers called ACS Worker A to ensure that her daughter had been given to the individual which she designated and that the protective order was honored. Upon making contact with the ACS Worker A informed Biggers that he contact Texas Child Protective Services and they instruction him to give Z.S. to Sims [in] spite of the protective orders, and give M.R. away to Xavier Fulton . . . [who] had no parental rights[.]
Biggers also alleges that events giving rise to her claims arose in Las Cruces, Dona Ana County, New Mexico, and Pueblo County, Colorado, as well as in Chicago, Cook County, Illinois
As noted above, Biggers names nearly 1,000 Defendants, including the Federal Bureau of Investigations, the National Center for Missing and Exploited Children, Dona Ana County New Mexico Sheriff, Sigma Phi Epsilon, Eminem, Stockbridge Holdings, “The Bella Twins,” Florida Championship Wrestling Talent DOE 1-1000, the Reality of Wrestling, Walgreens, DHL, Ron Simmons, Chevy Dodge Chrysler, Victoria’s Secret, TJ Maxx, Booker T. Huffman, Jeff Jarrett, Penn State University, NFL, Illinois Central College, Hospital Doe 1-50, JEEP, Eric Adams, and Spike Lee. This list is a small sample of the Defendants Plaintiff sues, listed in 23 pages of the complaint.
DISCUSSION
Rule 8 of the Federal Rules of Civil Procedure Rule 8 of the Federal Rules of Civil Procedure requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. A complaint states a claim for relief if it contains sufficient factual allegations to render the claim plausible. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
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