Amison v. Foxs News Channel

Background

Jeremi J. Amison, an Illinois resident appearing without a lawyer, sued Fox News Channel under the court’s federal-question jurisdiction. He described his claim as “character defamation.” The complaint alleged that Fox News broadcast racial slurs and comments about his financial status in an effort to damage his personal image and reputation, and that the network made such comments almost daily. Amison sought $1 million in damages.

The court had previously allowed Amison to proceed without prepaying the filing fees. The opinion lists a New York address for Fox News Channel.

Legal standard

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint filed without prepaying fees if it is frivolous or malicious, fails to state a claim for relief, or seeks money from a defendant protected from that type of relief. The court must also dismiss a case when it lacks authority to hear the subject matter. Although courts read complaints filed without a lawyer generously, those complaints still must provide a short and plain statement showing that the plaintiff is entitled to relief.

A claim is frivolous when it lacks an arguable legal or factual basis. The court cited decisions explaining that factual allegations may be frivolous when they are irrational or wholly incredible, and that a claim may be frivolous when it relies on a legally baseless theory.

Court’s analysis

The court concluded that Amison’s allegation that Fox News was devoting nightly broadcasts to defaming him, even though he was not a public figure, was irrational. It further concluded that there was no legal theory on which he could rely. The court determined that the complaint’s defects could not be fixed through amendment, so it declined to give him permission to amend.

Disposition

The court dismissed the action under 28 U.S.C. § 1915(e)(2)(B)(i). It denied Amison’s request for a summons as moot. The opinion does not state that the dismissal was with or without prejudice.