Jennifer McDowell v. Pennsylvania Department of Human Services
CourtCourt of Appeals for the Third Circuit
Date FiledNovember 9, 2026
Docket26-1586
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 26-1586
__________
JENNIFER E. MCDOWELL,
Appellant
v.
PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, Child Welfare Agency;
COMMUNITY CARES CENTER; DOWNTOWN DAILY BREAD; DAUPHIN
COUNTY HOUSING AUTHORITY; GREYHOUND LINES INC; WAWA CORP;
LEGAL SEA FOODS; INTEGRATED MEDICAL TRANSPORT; OUTBACK
STEAKHOUSE; OFFICER RON, Pennsylvania State Police; JANE ADDAMS
SHELTER, Unnamed Director and 4 Staff Members; WINN PROPERTIES, The Town
&Governor’s Square; PENNSYLVANIA DEPARTMENT OF AGING; SHAMARA
LLYOD, CUA Worker, Caseworker for DHS; SABRINA ASH, CUA Worker; JUDGE
SABATINA, Family Court Judge; FAN, Dauphin County Courts Staff Member;
UNIDENTIFIED INFORMANTS, Reggie and Others; AVIS, Philadelphia International
Airport Location; HERTZ, Rental Philadelphia Location; AMAZON, Formerly named,
later removed; UBER TECHNOLOGIES INC; DEFENDER ASSOCIATION OF
PHILADELPHIA; UNIDENTIFIED INDIVIDUALS, Staging Incidents in Public
Spaces; EMILY HOFFMAN, UMPC ER Doctor, Medical Professionals Who Enabled
DHS Narratives; ERIC DEGELOW, UMPC ER Doctor, Medical Professionals who
Enabled DHS Narratives; LYNN MICHELLE, Norristown Planned Parenthood Doctors;
DR. ZAMOSTIEN, Norristown Planned Parenthood Doctors; U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT; STRAWBERRY SQUARE SECURITY;
STRAWBERRY SQUARE UNNAMED CLEANING STAFF MEMBER
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil Action No. 1:25-cv-01317)
District Judge: Honorable Jennifer P. Wilson
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
November 4, 2026
Before: SHWARTZ, PHIIPPS, and CHUNG, Circuit Judges
(Opinion filed November 9, 2026)
___________
OPINION*
___________
PER CURIAM
Jennifer E. McDowell appeals pro se the District Court’s order dismissing her
complaint with prejudice. We will affirm.
McDowell filed suit against numerous defendants, including state agencies and
private businesses as well as named and unnamed individuals, alleging the Department of
Human Services’ Child Welfare Department (“DHS”) engaged in a state-wide conspiracy
to deprive her of her constitutional rights. The Chief Magistrate Judge screened her
complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), determined the filing violated Federal
Rule of Civil Procedure 8, and recommended it be dismissed without prejudice to
McDowell’s refiling to cure its defects. The District Judge overruled McDowell’s
objections, adopted the Chief Magistrate Judge’s Report and Recommendation, and
dismissed McDowell’s complaint without prejudice. McDowell filed an amended
complaint shortly thereafter, this time against more than 110 defendants, claiming she
was wrongfully investigated by the DHS and this investigation negatively impacted her
personal and professional life. The Magistrate Judge screened her amended complaint
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
2
and recommended it be dismissed with prejudice because McDowell’s conclusory and
disjointed allegations failed to state a claim upon which relief could be granted. The
District Court overruled McDowell’s objections to the Report and dismissed her
complaint with prejudice. McDowell timely appealed.1
Even construing the complaint liberally, we find no factual allegations from which
we can reasonably infer that McDowell has raised, or could raise, plausible claims for
relief. As the District Court explained, McDowell’s amended complaint alleged sporadic
facts void of any specific timeframe or common connection, other than the sweeping
assertion that all of the defendants’ conduct was at the direction of the DHS.2 Her vague
allegations of “engineered homelessness, forced dependency, sabotage of work, staged
confrontations, false mental-health narratives, and economic destruction,” ECF No. 49 at
28, without “further factual enhancement,” are insufficient to state a claim.3 Iqbal, 556
1
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We exercise
plenary review over the District Court’s decision to dismiss McDowell’s amended
complaint, see Dooley v. Wetzel, 957 F.3d 366, 373 (3d Cir. 2020). To survive dismissal,
a complaint must “state a claim to relief that is plausible on its face” by alleging facts that
“permit the court to infer more than the mere possibility of misconduct[.]” Ashcroft v.
Iqbal, 556 U.S. 662, 678-79 (2009) (citation to quote case omitted). A pleading that
merely “offers labels and conclusions” or “tenders naked assertion[s] devoid of further
factual enhancement” is insufficient. Id. at 678 (alteration in original) (internal quotation
marks omitted).
2
McDowell alleged that DHS “solicited employers, shelter staff, ministries, healthcare
providers, community members, and private individuals . . . to participate in the creation
of [] false investigative conditions.” ECF No. 49 at 23.
3
On appeal, McDowell argues her “Respondent/Allegations Matrix” provided sufficient
substantive factual allegations to cure the defect in her initial complaint. See CA No. 8 at
9. However, this matrix merely named the defendants and listed their alleged
constitutional violations but did not provide a single fact in support.
3
U.S. at 678. We therefore see no reason to disturb the District Court’s dismissal, and we
agree that further amendment would have been futile. See Grayson v. Mayview State
Hosp., 293 F.3d 103, 108 (3d Cir. 2002). Lastly, McDowell has not alleged any facts in
her many filings in this appeal that would cure the defects in her claims. See generally
Geist v. State Farm Mut. Auto. Ins. Co., 49 F.4th 861, 866 n.6 (3d Cir. 2022) (“The
District Court did not err in dismissing [plaintiff’s] claim with prejudice because further
amendment would be futile.”).
We have considered the various arguments raised in McDowell’s briefing,4 and we
conclude that none of those arguments entitle her to relief here. Accordingly, and in view
of the above, we will affirm the District Court’s judgment.5
4
McDowell’s motions for permission to file the supplemental briefs that she has
submitted to this Court are granted.
5
Although we have considered McDowell’s extra-record allegations in evaluating
whether further amendment of her complaint would be futile, we deny her request to
supplement the record with those allegations. See Burton v. Teleflex Inc., 707 F.3d 417,
435 (3d Cir. 2013) (indicating that a party may supplement the record on appeal in only
“exceptional circumstances”). To the extent McDowell seeks any other relief from the
Court, that relief is denied.
4