Green v. ABC Entertainment Inc.

Background

Courtney Green, who appeared without a lawyer, sued ABC Entertainment Inc. after receiving permission to proceed without paying filing fees. She invoked diversity jurisdiction and sought money damages. She asserted claims described as defamation of character, invasion of privacy, mental abuse exploitation, misuse of social status, and misuse of a media platform.

Green alleged that employees connected with ABC programs—including Good Morning America, Good Morning America 3, Live with Kelly and Ryan, and other programs—could see her while the programs were live. She alleged that they made bullying and abusive comments about her financial status, well-being, and living arrangements; kept tabs on her or researched information about her; interfered with her ability to watch certain programs; and used television and local news coverage to harass or stalk her.

Court’s analysis

Because Green was allowed to proceed without paying filing fees, the court was required to screen the complaint. Under 28 U.S.C. § 1915(e)(2)(B), the court had to dismiss a claim that was frivolous, failed to state a legally sufficient claim, or sought money from an immune defendant. The court also had to dismiss if it lacked subject-matter jurisdiction, meaning authority to hear the case. In reviewing a self-represented litigant’s complaint, the court was required to read the allegations liberally and consider the strongest claims they reasonably suggested.

The court held that the complaint was frivolous because its allegations did not provide a plausible legal or factual basis for relief. It concluded that the allegations about ABC directing television shows to surveil and harass Green in her home, discourage her from watching television, and interfere with her viewing were largely irrational or wholly incredible. The court also stated that the allegations did not support defamation, invasion-of-privacy, or unfair-competition claims under New York law. It dismissed the complaint as frivolous under § 1915(e)(2)(B)(i).

The court declined to give Green permission to amend the complaint. Although courts generally give self-represented plaintiffs an opportunity to correct pleading defects, the court found amendment would be futile because the allegations about ABC’s conduct through its television programs could not be cured by amendment.

Warning and disposition

The court noted that Green had filed several lawsuits making similar allegations against television networks and programs, as well as multiple lawsuits in other federal courts. It warned that further vexatious or frivolous litigation in the Southern District of New York could result in an order under 28 U.S.C. § 1651(a) barring her from filing new actions there without prior permission.

Judge Laura Taylor Swain dismissed Green’s complaint as frivolous. The court denied Green’s requests for summonses and subpoenas as moot, terminated all other pending matters in the case, and certified that any appeal would not be taken in good faith. Based on that certification, the court denied Green permission to proceed without paying filing fees for an appeal.