Buxbaum v. Trump

Background

Michael Buxbaum, who appeared without a lawyer, sued Donald John Trump under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a theory allowing damages claims for certain constitutional violations by federal officials. Buxbaum alleged that Trump was receiving money from Adam D. Sommer and Cari J. Summer to follow him around the country using various forms of transportation. He also alleged that Trump instructed the federal government to inject him with a virus that could be activated on command.

Court’s analysis

The court explained that it could dismiss a frivolous case on its own initiative, including when the plaintiff had paid the filing fee. It also recognized that pleadings filed without a lawyer must be read liberally, but they still must provide a short and plain statement showing entitlement to relief.

The court held that Buxbaum’s allegations were factually frivolous. It found that the complaint supplied no factual basis for the alleged conduct and instead presented conclusory beliefs and suspicions. The court stated that beliefs, even strongly held ones, are not facts and concluded that the allegations were irrational and implausible.

Disposition

The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B). It denied leave to amend because the complaint did not suggest that Buxbaum possessed additional facts that could cure its defects. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to enter judgment and close the case.