Henry Platsky appeals from the judgment and order of the United States District Court for the Eastern District of New York, I. Leo Glasser, District Judge, dismissing his pro se complaints for lack of standing, as barred by the doctrine of sovereign immunity, and for failure to state a claim upon which relief could be granted. Platsky brings these actions for injunctive relief and damages against the Central Intelligence Agency, the Federal Bureau of Investigation and the Defence Intelligence Agency based upon the defendants' alleged surveillance and counter espionage activities which Platsky claims interfered with his constitutional right of free association. More specifically, Platsky alleged that the defendants' activities deprived him of his “right to join a political organization of his choice,” and resulted in his suffering “harassment in application for government services, on jobs, and in everyday life.”
Platsky, however, may not have been subject to the same pleading requirements with respect to his requests for an injunction. This Court has held that Congress, in § 702 of the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq., has waived the defense of sovereign immunity in certain suits brought against federal agencies for equitable relief. See Blassingame v. Secretary of the Navy, 811 F.2d 65, 69–70 (2d Cir.1987), rev'd on other grounds following remand,866 F.2d 556 (2d Cir.1989); B.K. Instrument, Inc. v. United States, 715 F.2d 713, 723–25 (2d Cir.1983). Thus, it would have been appropriate for the district court to have expressly examined whether Platsky's claims for injunctive relief were within the scope of § 702 of the Administrative Procedure Act before concluding that they were barred by the doctrine of sovereign immunity.
The district court also dismissed the complaints for their failure to plead facts that were sufficiently specific. The district judge held that Platsky failed to allege the concrete and particularized injury required to establish standing and to state a claim upon which relief could be granted. The complaints contain somewhat generalized allegations that the defendants deprived Platsky of his right to associate with political organizations of his choice, and caused him to suffer “harassment in application for government services, on jobs, and in everyday life.” However inartfully pleaded, these allegations suggest that the plaintiff had specific instances of injury in mind. When we questioned Platsky at oral argument, he recounted definite acts by which the defendants allegedly caused him harm. According to Platsky, on one occasion the defendants' agents approached his landlord *29 and attempted to have him evicted from his home. Plaintiff also stated that the defendants specifically interfered with his admission to a particular political organization. If they were pleaded correctly, these allegations might state a legally cognizable claim.
We think that Platsky should have a chance to state his claim more clearly. It is not “ ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim[s],’ ” Haines v. Kerner, 404 U.S. at 521, 92 S.Ct. at 595, and therefore we hold that the better course would have been for the district court, in dismissing Platsky's pro se complaints, to grant him leave to file amended pleadings. See Elliott v. Bronson, 872 F.2d at 22. We have instructed Platsky that his complaint must set out, with particularity and specificity, the actual harms he suffered as a result of the defendants' clearly defined acts.
Accordingly, we vacate the judgment and order below, and remand the case to the district court with instructions to allow the plaintiff to replead.