Luiz v. Trump

Background

Joseph Edward Francis Luiz brought the action against Donald Trump without a lawyer. The opinion says Luiz did not specify the basis for the court’s jurisdiction, meaning the legal authority for the federal court to hear the case. The court had previously allowed Luiz to proceed without paying the filing fees in advance.

The handwritten complaint was not always legible. Luiz alleged that unidentified Jewish people had created the Judeo-Christian religion as a defensive weapon against neighbors and had created a “Judeo-Islamic religion” for a similar purpose. Luiz also alleged that Trump caused the January 5 or 6, 2021 attack on the U.S. Capitol and planned to do so again. He sought damages and sought to prevent Trump from seeking public office. In a letter, Luiz also referred to a pending matter in the U.S. Supreme Court involving claims about the Judeo-Christian religion and mentioned an error involving cannibalism during the Crusades.

Court’s Analysis

Because Luiz was proceeding without a lawyer, the court was required to read his allegations liberally and consider the strongest claims they suggested. The court nevertheless construed the allegations about the Capitol attack and preventing Trump from holding public office as an attempt to assert criminal wrongdoing. It held that a private citizen cannot initiate a criminal prosecution against another person or direct prosecutors to bring one, because prosecution decisions belong to prosecutors. The court dismissed those allegations for failure to state a claim.

The court held that Luiz’s remaining claims were irrational and had no legal theory supporting them. Although courts generally give an unrepresented plaintiff an opportunity to amend a defective complaint, the court found amendment would be futile because the defects could not be cured.

Disposition

The court dismissed the complaint for failure to state a claim and as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). The opinion does not state that the dismissal was with or without prejudice. The court also certified that an appeal would not be taken in good faith and denied Luiz permission to appeal without paying fees. The clerk was directed to mail Luiz a copy of the order and record service on the docket.