Harris v. Sony Entertainment

Background

Latoya J. Harris, appearing without a lawyer, sued Sony Entertainment and 50 Cent, Dr. Dre, Oprah Winfrey, Michael Jordan, Sean Carter (Jay Z), P. Diddy, Salt N’ Pepa, Wendy Williams, Mariah Carey, Jermaine Dupri, and Toni Braxton. Harris alleged that, from 1984 through the present, the defendants had stolen her ideas and identity, used her material in the entertainment industry, earned money from it without paying her, and defamed her. She also alleged sexual harassment and injuries to herself and her child.

The court had previously allowed Harris to proceed without paying the filing fee. It therefore reviewed the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires dismissal of a fee-free lawsuit that is frivolous, malicious, fails to state a legally valid claim, or seeks money from an immune defendant.

Court’s analysis

The court said it had read Harris’s complaint generously because she was representing herself. Even under that standard, however, the court found that her claims were irrational and had no legal theory supporting them. The court relied on the rule that a claim is frivolous when it has no arguable basis in law or fact, including when its factual allegations are irrational or wholly incredible or its legal theory is indisputably meritless.

A court generally gives a self-represented plaintiff an opportunity to amend a defective complaint. Here, the court concluded that the defects could not be corrected through amendment, so it declined to grant Harris permission to amend.

Ruling

Chief United States District Judge Colleen McMahon dismissed Harris’s complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B). The order does not state that the dismissal was with or without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Harris permission to proceed without paying fees for an appeal. The clerk was directed to mail Harris a copy of the order and record service on the docket.