United States District Court, W.D. Wisconsin
OMAR A. MOHAMUD, Plaintiff,
DEPARTMENT OF EMPLOYEE TRUST FUNDS OF THE STATE OF WISCONSIN, Defendant.
D. PETERSON DISTRICT JUDGE
plaintiff Omar Mohamud filed this suit against the Wisconsin
Department of Employee Trust Funds (ETF), claiming that ETF
owes him disability insurance benefits in the amount of $671,
previously screened Mohamud's complaint, Dkt. 1, and I
dismissed it because Mohamud did not allege any basis for
federal jurisdiction, and because he failed to state a claim
under Federal Rule of Civil Procedure 8. Dkt. 2. I gave
Mohamud a short period of time to file an amended complaint
that complied with Rule 8 and that alleged a basis for
has now filed an amended complaint. Dkt. 3. After reviewing
his amended complaint, I conclude that although Mohamud may
state a claim under Wisconsin law, I must dismiss his case
because this court does not have jurisdiction to hear it.
the following facts from Mohamud's complaint, and I
accept them as true at this stage. Because Mohamud is a pro
se litigant, I read the allegations of the complaint
generously. Haines v. Kerner, 404 U.S. 519, 520-21
worked for the Wisconsin Department of Transportation from
1997 to 2009. As a Wisconsin state employee, Mohamud received
benefits through ETF.
suffers from glaucoma, which caused his vision to
deteriorate. In 2008, Mohamud started to suffer from
“dark spots” and blindness. He applied for
short-term disability through his income-continuation
insurance, but ETF did not send a response. Mohamud's
vision continued to worsen.
summer of 2009, Mohamud filed a claim under his long-term
disability insurance. When Mohamud met with ETF's
long-term disability specialist, the specialist warned
Mohamud that the application process was slow and asked him
if he had any savings or other sources of income. When
Mohamud said no, the specialist convinced him to sign an
“accelerated retirement application.” The
specialist promised Mohamud that he could
“unretire” once his long-term disability benefits
going through the application process, Mohamud met with 11
different long-term disability specialists, and he spoke with
more than six others on the phone. One of the specialists
told Mohamud to stop coming to the ETF office and threatened
to call the police if Mohamud returned.
employees “blocked” and ultimately denied
Mohamud's applications for short-term and long-term
disability benefits. As a result, Mohamud cannot afford
treatment for his glaucoma.
told ETF that he wanted to file a lawsuit and asked for a
copy of his documents. But ETF employees said that state
regulations prohibited them from giving Mohamud his ETF file.
So Mohamud wrote the ETF secretary and asked him to either
address Mohamud's complaints or provide a denial letter
so that Mohamud could start a court case. The secretary sent
a lawyer to meet with Mohamud.
lawyer gave Mohamud a copy of his ETF file, but it was
missing most of the documents. The lawyer also took Mohamud
to a room with a video camera, accused Mohamud of threatening
her, and sent police officers to interview him. The officers
seemed “trigger happy, ” and one of them