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Goemaere v. Tiell

United States District Court, E.D. Michigan, Southern Division

January 13, 2020

Valerie Goemaere, Plaintiff,
v.
Kathy Tiell, Defendant.

          OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO AMEND AND GRANTING DEFENDANT'S MOTION TO DISMISS

          Sean F. Cox United States District Court Judge.

         Plaintiff filed a pro se complaint against an instructor at Oakland Community College. Defendant moved to dismiss. Thereafter, Plaintiff filed a motion to amend her complaint. However, instead of correcting her complaint's alleged deficiencies, Plaintiff's motion to amend only seeks to add an additional state-law claim and to add the College as a defendant.

         For the reasons below, the Court will deny Plaintiff's motion to amend and grant Defendant's motion to dismiss. Plaintiff's claims will be dismissed with prejudice.

         BACKGROUND

         Plaintiff Valerie Goemaere's complaint is hard to follow. She appears to allege that Dr. Kathy Tiell, an instructor at Oakland Community College, is somehow related to a decade-long campaign to terrorize her. The following passage is Goemaere's factual statement of her claim:

Mid-December 2018
After hearing the name “Kathy Tiell” in class on numerous occasions I became frightened and place a shield up or became guarded. After 10 years this woman could not possibly want to endanger me again. And so it was. . . I was videotaped and placed on social media while in class without consent. I reported this illegal act.
January 2019
A new semester. . . it's best that I Google my name (after getting a hint). My information was on the screen. January 22nd footprints up my driveway to my vehicle driverside with urine drops. My employer/employees began a chant of “Hey Val.” Known and unknown. This employer will not discriminate, but they have been manipulated by Kathy Tiell to make something of me that is not true. At work some reason for me to cause a staff alert.
By law Kathy Tiell has no reason or cause to contact any of my employers. I have been harmed for approximately 10 years due to her aggregious [sic] acts. I have not provided any harm to myself nor others. I've returned to complete my degree, not for Kathy Tiell to continue from approximately to use people for her agenda to mae me fall by forcing ideologies of racism, age discrimination (from Debbie), and defamation. Kathy Tiell is presenting my or some form of data or information as to dehumanize me.
My employer may or may not be aware of Kathy Teill's long lived diabolical methods of causing fear distrust, and coercion towards me. This only includes Kathy Tiell and those located with intent and knowledge of the cause to harm, retaliate, discriminate, hold color of law, and charge funds from the state or federal Government for approximately 10 years (see previous case) to use methods as to experiment and diagnose this plaintiff and familial result to the present.
Only when I registered for classes/courses at Oakland Community College -Auburn Hills in the Fall 2018 did Kathy Tiell organized her effort to complete a conscious drive to harm me further. Kathy Tiell uses her title to characterize an interest in gathering others to commit these crimes. With this as being known; she continues to use the campus for time and to victimize students as I witnessed approximately 10 years ago. These are major violations. She continues aware that her license are being jeopardized.
Kathy Tiell is speaking and showing people she chooses my finances, personal data, untrue statements, some type of video, and advising a group or individuals to use words and character that it would result in my demise to be the best person I can be.

(ECF No. 1, PageID 5-7).

         Goemaere invokes this Court's federal-question jurisdiction and brings eleven “claims:” (1) harassment; (2) retaliation; (3) “No Tolerance” hate crime; (4) illegal surveillance, use of electronic and video; (5) Federal Educational Rights and Privacy Act (“FERPA”); (6) Titles II and VII; (7) conspiracy; (8) privacy; (9) Equal Access to Justice Act in Agency; (10) malpractice; (11) “color of law;” (12) Health Insurance Portability and Accountability Act (“HIPPA”). (ECF No. 1, PageID 4). She seeks “[t]o have Kathy Teill['s] license removed, ” equitable relief, and $15 million for “reputation, abilities, exploit and exposure of PII and unauthorized information not prescribed to the public [] [l]ivelihood, [and] educational strengths.” (ECF No. 1, PageID 8).

         On September 9, 2019, Tiell moved to dismiss Goemaere's complaint, arguing that she had failed to plead a sufficient factual or legal basis for her claims. (ECF No. 16). Goemaere responded, citing four exhibits, which were not attached. (ECF No. 21). The following passage is the entirety of Goemaere's substantive response:

Introduction and Statement of Facts
Plaintiff Valerie Goemaere, pro se, responds to Defendant's Motion to dismiss and/or compel arbitration as follows:
1. This is a Hate Crimes and Retaliation case form my enrollment at Oakland Community ...

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