Bussie v. Mnuchin

Background

Anthony Bussie, a civilly committed patient at the Federal Medical Center in Butner, North Carolina, filed a complaint without a lawyer against Steven Mnuchin and others. The opinion describes the complaint as containing disconnected and largely unintelligible allegations involving bank mismanagement, terrorism, and election fraud. Bussie sought permission to proceed without paying the filing fee.

Screening standard

Under 28 U.S.C. § 1915(e)(2), a court must dismiss a case filed without payment of fees if the poverty allegation is untrue, the action is frivolous or malicious, the complaint fails to state a legally valid claim, or the complaint seeks money from a defendant protected from that type of relief. The court explained that an action is frivolous when it has no arguable basis in fact or law, including when its allegations are incomprehensible or wholly incredible. Repeating claims from pending or previously litigated cases may also make an action malicious.

Court’s ruling

The court found that Bussie’s action was both frivolous and malicious. It relied on the fact that the gist of the allegations and claims had appeared in earlier federal cases and agreed with those courts that the claims lacked an arguable basis in fact or law.

The court granted Bussie’s application to proceed without paying the filing fee, based solely on his poverty affidavit. It then dismissed the action as frivolous and malicious under 28 U.S.C. § 1915(e)(2). The clerk was instructed to terminate the action and close the file.