Mayer v. Chauvin

Background

Dr. Jennifer Karen Mayer filed a complaint against Derek Chauvin, Christopher Dunlap, and “Ben Roethlesberger.” The opinion says that the first name presumably referred to the former Minneapolis police officer, that Dunlap was unidentified, and that the third name apparently referred to Ben Roethlisberger, the retired professional football quarterback.

Mayer asserted federal-question jurisdiction under 28 U.S.C. § 1331 and specifically pointed to the Second Amendment. The complaint did not allege that any defendant took or failed to take a particular action that could make him liable to Mayer. Instead, it alleged that Mayer filed police reports and received no follow-up. Mayer sought $15 billion in damages.

Mayer also filed an application to proceed without prepaying the filing fee. The opinion states that the application suggested she might qualify for that status.

Analysis

Under 28 U.S.C. § 1915(e)(2)(B), a court may dismiss a case filed under the fee-waiver process at any time if the case is frivolous. The court defined a frivolous complaint as one lacking an arguable basis in law or fact. It stated that courts in the District of Minnesota routinely dismiss complaints with no allegations about named defendants as factually frivolous.

The court concluded that Mayer’s complaint was plainly frivolous because it did not allege what any defendant did or did not do that could make him liable to her.

Disposition

The court dismissed the complaint without prejudice as frivolous under 28 U.S.C. § 1915(e)(2)(B). It also denied Mayer’s application to proceed without prepaying fees or costs as moot. The order directed that judgment be entered accordingly.