Bethune v. Holmgren

Background

Jason Lavet Bethune filed a one-page complaint against Steve Holmgren and parties the court understood to include every employee of the Dakota County Public Defender’s Office, the Washington County Public Defender’s Office, the Washington County Clerk’s Office, and the Dakota County Clerk’s Office. The court noted that the complaint did not make the exact defendants clear.

The complaint’s only substantive sentence stated: “Parties Refuse to abide by Constitution; ADA Act; Civil Rights Act.” Bethune listed claims described as “ADA Violations,” “Civil Right Violations,” a Thirteenth Amendment violation, racial intimidation, withholding evidence, assault of a disabled person, Fourth Amendment violations, and First Amendment violations. The complaint did not explain what any defendant allegedly did and did not state what relief Bethune sought.

Bethune also applied to proceed without prepaying the filing fee and asked the court to appoint counsel.

Court’s Analysis

The court stated that a case filed without prepaying fees must be dismissed at any time if it is frivolous or malicious under 28 U.S.C. § 1915(e)(2)(B)(i). A frivolous case is one lacking an arguable basis in law or fact. The court explained that a complaint is frivolous as to a defendant when it contains no allegations describing what that defendant did that could create legal liability.

The court found that Bethune’s complaint provided only one substantive allegation and no details about the conduct of any purported defendant. It therefore concluded that the complaint lacked an arguable factual basis and was frivolous.

The court stated that Bethune appeared financially eligible to proceed without prepaying fees, but it denied the fee application as moot because the action was dismissed. Regarding appointed counsel, the court considered the lack of apparent factual or legal complexity, Bethune’s apparent difficulty presenting his claims, and whether counsel would substantially benefit the court. The court acknowledged Bethune’s stated limitations following an apparent teenage stroke but concluded that those circumstances alone did not justify appointing counsel. It found that the complaint did not present plausible causes of action or provide a sufficient basis to conclude that counsel would benefit the court.

Disposition

The court DISMISSED the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). It DENIED Bethune’s Application to Proceed in District Court Without Prepaying Fees or Costs as moot, and it DENIED Bethune’s request for appointment of counsel. Judge Donovan W. Frank signed the order on January 18, 2022.