Best v. Apple Inc.

Background

Motis Best filed the action without a lawyer and was allowed to proceed without paying the filing fee. She invoked federal-question jurisdiction and asserted what she described as “breach of cyber security via [the] inter[net].” She also claimed that the defendants used or took her family members’ names and likenesses without contractual obligations or consent. She sought “monetary or shares or claim of assets in the business or professional positions.”

Best alleged that her use of Apple products and Apple Radio, together with her musical ability and knowledge, helped popularize Apple’s products and music services and contributed to the creation and success of iTunes and Apple Music. She made similar allegations about Cartoon Network, Amazon Prime, Pandora, and Amazon Music. She alleged that Cartoon Network and Amazon Prime used the likenesses of her son and daughter and based characters and storylines on her family life. She also alleged that Amazon Music’s logo depicted her mouth.

Court’s analysis

Because Best was proceeding without paying the filing fee, the court was required to review the complaint and dismiss it if it was frivolous, failed to state a claim, sought relief from an immune defendant, or presented no subject-matter jurisdiction. A frivolous claim is one lacking an arguable basis in law or fact. The court stated that, even reading the self-represented complaint liberally, Best’s claims were irrational and had no legal theory supporting them.

The court therefore dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). It explained that courts generally allow a self-represented plaintiff to amend a defective complaint, but amendment is not required when it would be futile. Because the defects could not be cured by amendment, the court declined to grant Best leave to amend. The order also terminated all other pending matters in the action.