Gilberti PE v. Holy See

Background

Joseph D. Gilberti PE, who was being held at the Sarasota County Jail in Sarasota, Florida, brought the action without a lawyer. He sued approximately 213 defendants, including government officials and entities, judges, companies, religious organizations, educational institutions, media organizations, and others. The opinion lists the defendants but does not identify a specific legal cause of action for each claim.

Gilberti’s 236-page complaint alleged that he had discovered a hidden underground natural resource involving medicine, energy, and water production. He alleged that the defendants were involved in a widespread racketeering conspiracy to conceal the resource, attack him and his family, interfere with his property and business, and harm the public, the environment, and the economy. The complaint also referred to alleged violations of several constitutional amendments and sought relief including water-supply evaluations, investigations, arrests, and reports.

Screening standard

The court had previously allowed Gilberti to proceed without paying the filing fee in advance. Under federal law, the court must screen such a prisoner’s complaint and dismiss it, or any part of it, if it is frivolous, fails to state a claim, seeks money from an immune defendant, or falls outside the court’s jurisdiction. A claim is frivolous when it lacks an arguable legal or factual basis. Although courts read filings by people without lawyers generously, those filings must still provide a short and plain statement showing an entitlement to relief.

Court’s analysis

The court held that the complaint did not plausibly support Gilberti’s allegations of a widespread conspiracy to attack him and his family, conceal “secret underground oceans,” and terrorize or sicken the public. It concluded that the allegations were irrational and therefore frivolous. The court stated that Gilberti’s beliefs, no matter how strongly held, were not facts.

The court also concluded that the defects could not be cured by allowing Gilberti to amend the complaint. It therefore declined to grant leave to amend.

Rulings

The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Chief United States District Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied permission to proceed without advance fees for purposes of an appeal. The court denied Gilberti’s motion to stay various Florida state-court cases as moot, directed the clerk to terminate all pending motions, and directed the clerk to enter judgment.