# How do courts handle moronic lawsuits? **URL:** \ **Category:** Factual Questions\ **Created:** [October 3, 2007, 5:17pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404 "2007-10-03T17:17:42Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [October 3, 2007, 5:17pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/1 "2007-10-03T17:17:42Z")
Lawsuits like this one: > **[The Smoking Gun: Public Documents, Mug Shots](http://www.thesmokinggun.com/)** > > Public Documents, Mug Shots Do they actually serve Bellicheck, Moss, and Tom Brady with papers and require an answer or else lose on default judgement? Or is there a judge or even someone in the clerk’s office that deposits this in the nearest garbage can. Surely there is some method to stop this idiocy, or do the taxpayers keep having to pay to process these claims? ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [October 3, 2007, 5:23pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/2 "2007-10-03T17:23:59Z")
[QUOTE=jtgain] Lawsuits like this one: > **[The Smoking Gun: Public Documents, Mug Shots](http://www.thesmokinggun.com/)** > > Public Documents, Mug Shots Do they actually serve Bellicheck, Moss, and Tom Brady with papers and require an answer or else lose on default judgement? Or is there a judge or even someone in the clerk’s office that deposits this in the nearest garbage can. Surely there is some method to stop this idiocy, or do the taxpayers keep having to pay to process these claims? [/QUOTE] In federal court, a meritless lawsuit can be dispacthed with a motion to dismiss for failure to state a claim. (See FRCP\* 12(b)(6)). The target of such lawsuit might also seek sanctions for frivilous litigations. (See FRCP 11). In the case of chronicly abusive litigants (often prisoners), courts may forbid the filing of a pleading without prior court approval. but, to answer your question - yes, they will can be served, at which point they will hire lawyers who will defend them. ---
**Author:** ![UncleRojelio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/unclerojelio/32/3160_2.png) [@UncleRojelio](https://boards.straightdope.com/u/UncleRojelio)\ **Post date:** [October 3, 2007, 7:07pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/3 "2007-10-03T19:07:43Z")
I’ve served on a jury sat for a frivolous lawsuit. I think that changes need to be made in the courts system such that in all civil cases the loser should pay all court costs and, furthermore, pay the jurors for all lost wages and expenses. That would cut down on those silly cases. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [October 3, 2007, 7:17pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/4 "2007-10-03T19:17:43Z")
[QUOTE=UncleRojelio] I’ve served on a jury sat for a frivolous lawsuit. I think that changes need to be made in the courts system such that in all civil cases the loser should pay all court costs and, furthermore, pay the jurors for all lost wages and expenses. That would cut down on those silly cases. [/QUOTE] I agree with your sentiment, but such a rule would also have the adverse affect of discouraging plaintiffs with a legitimate claim from suing a person or company with vast resources. Imagine you had a non-moronic claim against Mr. Burns, but if you sued and lost the case, you’d have to pay all his legal bills, even if you did nothing wrong. ---
**Author:** ![Mikemike2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikemike2/32/305_2.png) [@Mikemike2](https://boards.straightdope.com/u/Mikemike2)\ **Post date:** [October 3, 2007, 7:23pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/5 "2007-10-03T19:23:18Z")
[QUOTE=friedo] I agree with your sentiment, but such a rule would also have the adverse affect of discouraging plaintiffs with a legitimate claim from suing a person or company with vast resources. Imagine you had a non-moronic claim against Mr. Burns, but if you sued and lost the case, you’d have to pay all his legal bills, even if you did nothing wrong. [/QUOTE] You have a good point, but a balance can be struck. In Canada if you sue and lose, you are responsible for the defendent’s legal costs. These costs are determined by a court formula and may be a lot less than the defendent actually paid. That way you can’t “take a run at someone” and walk away free if it doesn’t work out for you. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [October 4, 2007, 1:03am UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/6 "2007-10-04T01:03:51Z")
Thanks for all of the responses. A few more things: I appreciate the pros and cons of the “loser pays” argument, but I’m not even talking about THOSE kind of frivilous lawsuits. I’m talking about a lawsuit like this, so frivilous that the slimiest trial lawyer in the world would laugh at it… This guy is a prisoner and probably has no money at all. Sanctions or “loser pays” or even the threat of incarceration means nothing. And a frivilous filer can require court approval? This guy filed 36 lawsuits in September alone. My point is that there must be a better way of stopping him. And seriously, no joke, in THIS filing, the local sheriffs would go to Bellichek, Brady, and Randy Moss’s houses and serve them with this paperwork, service all done at taxpayer expense? And then these guys would have to pay their lawyers (with their money) to get the case tossed? It seems unbelievable to me… ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [October 4, 2007, 2:21am UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/7 "2007-10-04T02:21:03Z")
[QUOTE=jtgain] This guy is a prisoner and probably has no money at all. [/QUOTE] If he’s trying to proceed without paying the filing fee, the rules are a bit more complicated. > [@](#): > > § 1915. Proceedings in forma pauperis > > (a) > (1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress. > (2) A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. > (3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. > (b) > (1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of— > (A) the average monthly deposits to the prisoner’s account; or > (B) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint or notice of appeal. > (2) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account. The agency having custody of the prisoner shall forward payments from the prisoner’s account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid. > (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. > (4) In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee. > (c) Upon the filing of an affidavit in accordance with subsections (a) and (b) and the prepayment of any partial filing fee as may be required under subsection (b), the court may direct payment by the United States of the expenses of > (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; > (2) preparing a transcript of proceedings before a United States magistrate judge in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636 (b) of this title or under section 3401 (b) of title 18, United States Code; and > (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636 (c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts. > (d) The officers of the court shall issue and serve all process, and perform all duties in such cases. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases. > (e) > (1) The court may request an attorney to represent any person unable to afford counsel. > (2) **Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that— > (A) the allegation of poverty is untrue; or > (B) the action or appeal— > (i) is frivolous or malicious; > (ii) fails to state a claim on which relief may be granted; or > (iii) seeks monetary relief against a defendant who is immune from such relief.** > (f) > (1) Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the United States shall not be liable for any of the costs thus incurred. If the United States has paid the cost of a stenographic transcript or printed record for the prevailing party, the same shall be taxed in favor of the United States. > (2) > (A) If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered. > (B) The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (a)(2). > (C) In no event shall the costs collected exceed the amount of the costs ordered by the court. > **(g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.** > (h) As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. (Emphasis added.) > **[28 U.S. Code § 1915 - Proceedings in forma pauperis](https://www.law.cornell.edu/uscode/text/28/1915)** Prisoner suits against the government get an even harder look: > [@](#): > > § 1915A. Screening > (a) Screening.— The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. > (b) Grounds for Dismissal.— On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— > (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or > (2) seeks monetary relief from a defendant who is immune from such relief. > (c) Definition.— As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. [http://www4.law.cornell.edu/uscode/html/uscode28/usc\_sec\_28\_00001915---A000-.html](http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001915---A000-.html) Subsection (e) is often invoked in cases like this. [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&navby=case&no=027041](http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&navby=case&no=027041) ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 4, 2007, 3:12pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/8 "2007-10-04T15:12:06Z")
Courts have plenty of tools to dispose of moronic lawsuits, but will sometimes bend over backwards to ensure that everyone gets his or her day in court for fear of hastily dismissing a meritorious but poorly-framed case. In addition to the options of dismissal for failure to state a claim, summary judgment, sanctions and attorney fees, Ohio and many other states have “vexatious litigator” statutes through which a lawsuit junkie can be barred from bringing suit unless he or she convinces the court that the case is (probably) meritorious right out of the gate. ---
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [October 4, 2007, 3:46pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/9 "2007-10-04T15:46:38Z")
[QUOTE=UncleRojelio] I’ve served on a jury sat for a frivolous lawsuit. I think that changes need to be made in the courts system such that in all civil cases the loser should pay all court costs and, furthermore, pay the jurors for all lost wages and expenses. That would cut down on those silly cases. [/QUOTE] How long did you deliberate? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [October 4, 2007, 3:48pm UTC](https://boards.straightdope.com/t/how-do-courts-handle-moronic-lawsuits/421404/10 "2007-10-04T15:48:48Z")
[QUOTE=Elendil’s Heir] Ohio and many other states have “vexatious litigator” statutes through which a lawsuit junkie can be barred from bringing suit unless he or she convinces the court that the case is (probably) meritorious right out of the gate. [/QUOTE] Here is a discussion [News Articles - FindArticles](http://findarticles.com/p/articles/mi_qa3975/is_200107/ai_n8975976/pg_7) (I’ve linked to page 7, which begins the discussion of frivolous litigation in state courts, but the whole thing is worth a glance).