Although it's not quite the level of discourse we're sed to on the conspiracy, all I can say is that this guy sounds like a giant douchebag.
Does Nebraska have Rule 11? Because an elected official filing a purposefully frivolous, sarcastic, and whiny lawsuit sounds like good cause for sanctions to me.
I suspect that procedurally, the plaintiff will face many of the same problems that litigants have confronted when trying to sue to enjoin acts of Satan. See, e.g., Mayo v. Satan, 54 F.R.D. 282 (W.D. Pa. Dec. 3, 1971).
MEMORANDUM ORDER
WEBER, District Judge.
Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights *283 in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall.
Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.
We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.
If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.
We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.
For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.
It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied.
iNonymous beat me to it. I was about to say that, in seeking to prove a point about frivolous lawsuits, the senator may instead learn a lesson about sanctions.
I don't think suing God will go over well with the faithful in Nebraska.
And this Governor is indulging this brain damage because he apparently thinks that a judge should be allowed to go unchallenged in preventing a constituent who believes she is a rape victim from using the words "rape" and "victim" in the trial against her alleged assailant. The women in Nebraska should appreciate that stance.
I don't know how this guy got elected, but he sure seems to be doing his best to insure that that won't happen again.
Merely as a question of fact, the lawsuit assumes what it has no evidence for -- that natural disasters are intentional. Might not an accusation of negligence work better? Does res ipsa loquitur apply to earthquakes, hurricanes and plagues?
Malvolio: It isn't God's court system like it's the King's court system, but if our rights are endowed upon us by our creator, then you'd think Nature's God could exempt itself from suit for violating those rights in a similar manner.
@TMP - I don't think the case has quite the same impact without citing its full name: United States ex rel. Mayo v. Satan and His Staff. The title alone gets me rolling.
I suppose if Jesus were around he would at the very least qualify as a registered agent for purposes of service of process. But whether he would be a properly named defendant depends on one's view of the trinity.
When I first learned of Mayo v. Satan in law school there was another case from around the same time where someone sued God and tried to serve process on a local church as agent, but I can't remember where I might have put my copy of that case. Maybe someone else remembers it. I think it was also federal court.
I recall that a couple of days after the Loma Prieta earthquake in 1989, a Catholic priest in San Francisco led a protest march against the earthquake.
My immediate reaction, of course, was, "Hey, buddy -- Why don't you take up the issue with your boss?"
Well, God does business inside Nebraska, so treat the churches as local representatives and serve the papers on one of them. What're they going to say, "Oh, we don't work for Him?"
Oddly enough, this may be stupid law but defensible theology: if God can be thanked and praised, why not condemned and blamed? I've often wondered, when I see some service where God is thanked for saving the town from a worse tornado, what part of "omnipotent" the churches don't understand.
In a community property state (not Nebraska, IIRC), find an order of nuns and attach its property in connection with the suit. They're "brides of Christ", right? (Wait a minute, isn't that polygamy?)
Of course, in 99% of the USA, this is a tactic guaranteed to ensure that the plaintiff will be ostracized by most of his neighbors, not to mention never winning an election again. It's 30 years since I've been to Omaha, but it's hard to believe it's become that "blue".
Well, according to this site, "Unless otherwise limited by statute or by the court, a plaintiff may elect to have service made by" [...] "Residence service which shall be made by leaving the summons at the usual place of residence of the individual to be served, with some person of suitable age and discretion residing therein".
Process service should be simple. Begin visiting Churches in Nebraska; ask of the priest whether the church is the House of God. On finding one reckless enough to say "yes", deliver the summons.
Does Nebraska have Rule 11? Because an elected official filing a purposefully frivolous, sarcastic, and whiny lawsuit sounds like good cause for sanctions to me.
MEMORANDUM ORDER
WEBER, District Judge.
Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights *283 in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall.
Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.
We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.
If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.
We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.
For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.
It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied.
And this Governor is indulging this brain damage because he apparently thinks that a judge should be allowed to go unchallenged in preventing a constituent who believes she is a rape victim from using the words "rape" and "victim" in the trial against her alleged assailant. The women in Nebraska should appreciate that stance.
I don't know how this guy got elected, but he sure seems to be doing his best to insure that that won't happen again.
Couldn't think of an alliterative adjective to describe wars, Senator?
Malvolio: It isn't God's court system like it's the King's court system, but if our rights are endowed upon us by our creator, then you'd think Nature's God could exempt itself from suit for violating those rights in a similar manner.
This is clearly a case where shooting the messenger is the only way.
See also
United States ex rel. Gerald Mayo v. Satan and Staff, 54 F.R.D. 242 (1971)
Where is God a domiciliary for purposes of Sec. 1332?
Alternatively, he could claim both judicial and sovereign immunity as he sits upon a throne judging the living and the dead.
My immediate reaction, of course, was, "Hey, buddy -- Why don't you take up the issue with your boss?"
Oddly enough, this may be stupid law but defensible theology: if God can be thanked and praised, why not condemned and blamed? I've often wondered, when I see some service where God is thanked for saving the town from a worse tornado, what part of "omnipotent" the churches don't understand.
Of course, in 99% of the USA, this is a tactic guaranteed to ensure that the plaintiff will be ostracized by most of his neighbors, not to mention never winning an election again. It's 30 years since I've been to Omaha, but it's hard to believe it's become that "blue".
Process service should be simple. Begin visiting Churches in Nebraska; ask of the priest whether the church is the House of God. On finding one reckless enough to say "yes", deliver the summons.
Forum non conveniens.