Obotette v. National Football League

Background

Ubong Bassey Obotette (Obong) brought the action without a lawyer and asked to proceed without paying court fees. The court had granted that request on February 18, 2020. He sued the National Football League.

Using the court’s general complaint form, Obotette checked federal-question and diversity jurisdiction. He described the right allegedly violated as “the right to run (control) and own my own business.” He stated that he was a citizen of Maryland and also identified himself as a citizen or subject of Nigeria. He stated that the NFL was incorporated under New York law and had its principal place of business in Colorado.

Obotette alleged that, after he was assaulted by gang members in 1983, Pat Bowlen, who was then the Denver Broncos’ owner, settled the matter by granting him ownership shares in the team. He further alleged that an ownership group led by Saddam Hussein bought the NFL in 1987 and included him in the ownership group, and that Hussein later signed over the NFL to him. Obotette claimed that he became the NFL’s owner, chairman, chief executive officer, and chief operating officer. He also alleged that Brittany and Beth Bowlen signed the Denver Broncos over to him and that he was entitled to complete control of the team. He sought to operate the business and recover funds.

Court’s analysis

Because Obotette was proceeding without paying filing fees, the court applied 28 U.S.C. § 1915(e)(2)(B). That law requires dismissal of a fee-free complaint that is frivolous, malicious, fails to state a legally valid claim, or seeks money from an immune defendant. The court also noted that it must dismiss a case when it lacks subject-matter jurisdiction and that it must read self-represented pleadings generously.

The court concluded that Obotette’s claims were irrational and had no legal theory supporting them. It determined that the defects could not be corrected by amending the complaint, so it declined to give him permission to amend.

Disposition

The court dismissed the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B). It directed the clerk to mail the order to Obotette and record service on the docket. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.