You may recall a case that got some national attention recently, in which a Nebraska state judge enjoined the use of words like "rape" and "victim" at a sexual assault trial. The complaining witness then sued the judge in federal district court on a First Amendment theory.
The federal suit, according to the Associated Press, angered Nebraska State Senator Ernie Chambers.
"This lawsuit having been filed and being of such questionable merit creates a circumstance where my lawsuit is appropriately filed," the Cornhusker lawmaker explained.
His suit, duly docketed in the District Court of Douglas County, Nebraska, is captioned, State Senator Ernie Chambers v. God.
You read it right.
The complaint blames God for every terrible wrong that has ever happened in the world, including "fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornadoes, pestilential plagues, ferocious famines, devastating droughts, genocidal wars, birth defects, and the like."
No jurisdictional problems here, the complaint alleges, because God is everywhere, including Douglas County.
No problems with service of process, either. If the court won't waive personal service, the court should take judicial notice that God is all-knowing and thus has actual notice, according to paragraphs 15 through 17 of the pleading.
District Court Judge Marlon A. Polk, the unlucky jurist who was assigned the case, is being asked to slap the Almighty with an injunction to desist "from engaging in the types of deleterious actions and making of terrorist threats as identified and described herein."
It remains unclear how such an injunction would be enforced against a deity that many folks presume to be all-powerful.
All kidding aside, what is clear is that Judge Polk should drop-kick this one right out of his courtroom with all the frivolous-complaint sanctions he can issue under Nebraska's court rules and statutes.
"Chambers says he's trying to make the point that anybody can file a lawsuit against anybody," writes the AP's Nate Jenkins.
Sorry, Senator Chambers, with a suit like this, I'm not getting the point at all.
Wednesday, September 19, 2007
Pointless pleading
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5 comments:
And God responds.
See story here:
http://news.yahoo.com/s/ap/20070921/ap_on_fe_st/odd_suing_god
Thanks, Jesse, and a tip of the hat for the update.
To loosely quote the federal court: "God may be petitioned but he cannot be subpoenaed."
As a state senator he should be ashamed of himself. The law is for many things, but a vehicle to "prove a point" is not one of them. All the senator proved here is the point that he was attempting to malign. All I glean from this is the senator's view that since you can be frivolous, so can I.
To our last two anonymous posters, points well-taken and well-put. Thanks!
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