Lacey Sivak v. Barry G. Silverman; Richard Paez; and Holly Thomas

Summary

The United States District Court for the District of Idaho dismissed Lacey Sivak’s prisoner-filed complaint seeking to initiate criminal charges against private individuals. The court held that the claims were legally frivolous and malicious because a private citizen has no judicially cognizable right to institute a federal criminal prosecution. The case was dismissed with prejudice under 28 U.S.C. § 1915A(b), without leave to amend.

Holdings

1. A private citizen cannot institute a federal criminal action; federal criminal prosecutions may be brought only by the federal government through the United States Attorney. A private citizen also lacks a judicially cognizable interest in the prosecution or nonprosecution of another.
2. The complaint was legally frivolous and malicious because its claims lacked a legal basis and Plaintiff repeatedly asserted claims despite having been informed that such claims were unavailable.
3. Leave to amend was denied because amendment would be futile.

Questions Presented

1. Whether the complaint should be dismissed during prisoner screening because a private citizen cannot initiate a federal criminal prosecution.
2. Whether the complaint was frivolous and malicious under 28 U.S.C. § 1915A(b).
3. Whether Plaintiff should be granted leave to amend.

Disposition

dismissed