Judge dismisses 'frivolous' lawsuit
- Font Size:
- Default font size
- Larger font size
By Dustin Lemmon | Sunday, August 26, 2007 |
A federal lawsuit asking for $650 billion in damages from a wide range of defendants was dismissed as soon as it was filed last week with a local judge deeming it frivolous and incomprehensible.
It is an example of cases local court officials deal with occasionally in which plaintiffs file a complaint or motion without the assistance of an attorney and struggle to state their argument.
The cases usually are dismissed as frivolous because the person’s complaint has no legal basis or is simply illegible.
The latest case was a federal lawsuit filed and dismissed in U.S. District Court, Central District of Illinois, Rock Island, on Tuesday.
The plaintiff, Kamel K. Roy, whose hometown is not listed, filed the lawsuit himself against all state boards of election, the Federal Election Commission, all media and conglomerates and the U.S. government. His basis for the suit never was clear, and Judge Joe McDade dismissed it as frivolous and without merit.
The complaint and exhibits accompanying it are filled with incomprehensible handwritten notes that occupy the white space on typed pages. Roy, who identifies himself as the “Rev. Dr. Kamel K. Roy” in the suit, could not be located for comment.
In his order dismissing the case, McDade said Roy’s complaint was “illegible and illogical” and mentioned that Roy is a frequent litigator in Massachusetts, filing numerous frivolous lawsuits.
“Indeed, it is impossible to discern any sort of claim from any of the papers filed by plaintiff,” McDade wrote.
According to court exhibits, Roy has filed a similar lawsuit in at least 18 other federal jurisdictions around the country, including Massachusetts and Delaware, with each case being dismissed. It wasn’t clear why he filed the latest complaint here.
In an order dismissing Roy’s complaint filed in U.S. District Court of Massachusetts, Judge Rya Zobel found some of the same problems.
“Roy’s complaint, over one hundred pages long, is simply incomprehensible,” Zobel said on July 27. “It is replete with cryptic and/or illegible handwritten remarks. The typed portions of the complaint are also unintelligible.”
Judge Zobel concluded his motion with a warning.
“Should Roy again burden this court with pleadings that are unquestionably frivolous, he does so at the risk of having monetary sanctions imposed on him and/or being enjoined from bringing new actions in this court,” the judge wrote.
Denise Koester, deputy clerk in charge at the Rock Island federal courthouse where Roy’s case was filed, said it’s rare that cases are dismissed as frivolous. She estimated the court has seen five frivolous cases in as many years.
Some court officials declined comment on such suits because they have current cases that could be affected legally if they comment publicly.
Retired judge Ronald Taber, who lives in Rock Island, said he dealt with similar lawsuits filed pro se — by the plaintiff without assistance from an attorney — when he was on the bench in Rock Island County Circuit Court.
In many cases, the plaintiff is angry and looks to the courts to satisfy their problem but can’t tie their complaint to the law, the retired judge said.
“They either don’t want or don’t like attorneys, which is their right, but then they’d file things that had no legal basis,” Taber said.
Taber recalled a couple of cases filed by “smart people” over zoning issues and other disagreements with the city that never made it far in his courtroom.
He said some plaintiffs had good cases but didn’t know how to apply the law to their arguments and word their complaints.
“It’s frustrating for us as a judge,” Taber said. “It is time consuming, but we don’t get paid by the hour. As judges, we get paid a good salary. I never felt it was a misuse of your time.”
Madelynn Herman, an analyst with the National Center for State Courts, said there is a growing trend of more plaintiffs filing pro se cases, but most are in family court where the law is less complicated. She said there has not been a corresponding rise in the number of frivolous lawsuits.
“The courts have responded to this rise in pro se litigants by assisting them and giving them forms,” she said, adding some courts will help the plaintiff fill out the forms but won’t provide legal advice.
In cases in which the litigant’s complaint is illegible, Herman said she would not be surprised if the court would not accept it.
Koester said the law prohibits her office from helping people file their complaints, but the office will send them the proper forms. She said most of the pro se cases they see are from people who have been denied Social Security and want to appeal. Those cases are rarely frivolous because they follow steps, she said.
In Roy’s case, he submitted paperwork and the court staff couldn’t read it, she said. The office mailed him the forms he needed to fill out a week before his case was filed and dismissed, and Roy resubmitted the same paperwork as before, she said.
Such cases can be a drain on court resources, she said, adding that once her office decides how to file the case, a law clerk and judge then must review it.
“We have to figure out how to file it because it’s usually so random it’s not something we’re used to dealing with,” Koester said.
Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.
del.icio.us
Digg
NewsVine
Fark
reddit» More Local Stories
Highest Rated Articles from the last 7 Days
- Discount Magazines
- Save up to 80% off the Cover Price. Select from your favorites.
- www.MagazineOutlet.com
- Cheap Airfare
- Compare multiple travel sites. Discount web fares made easy.
- www.LowFares.com
- Technology News Articles
- Computers, MP3, Phones & More. See Product Pics, Specs & Reviews.
- www.NexTag.com
- Ads by Yahoo!
