Using the legal system to “intimidate and heckle”

August 19, 2013

  • 319H Racketeer Influenced and Corrupt Organizations
  • 319HI Federal Regulation
  • 319HI(B) Civil Remedies and Proceedings
  • 319Hk68 Pleading
  • 319Hk69 k. In General.

319H Racketeer Influenced and Corrupt OrganizationsDistrict court did not abuse its discretion when, pursuant to its inherent powers, it sua sponte dismissed as frivolous pro se state prisoner’s 140-page complaint asserting claims under Racketeer Influenced and Corrupt Organizations Act (RICO), § 1983, and other civil rights statutes against 129 defendants, arising from his prosecution for felony littering, in that his allegations were clearly baseless and without arguable merit in fact, and he was simply employing legal system as tool to intimidate and heckle those he imagined had done him wrong.
Davis v. Kvalheim, 261 Fed. App’x 231 (11th Cir. 2008)
Suggested by Brian J. Hooper, Attorney; Emmanuel, Sheppard & Condon; Pensacola, FL