James W. McNeese v. (FNU) Anderson, et al.

Summary

The United States District Court for the District of Kansas dismissed James W. McNeese’s pro se civil-rights action under 42 U.S.C. § 1983 as duplicative and frivolous or malicious. The court found that McNeese had repeatedly filed substantially identical claims concerning an alleged injection of a foreign object by a deputy and had previously been warned that further duplicative actions could be summarily dismissed.

Holdings

1. A pro se action that repeats the same allegations against the same parties and seeks the same relief as prior federal actions may be dismissed as duplicative.
2. Repetitious litigation of virtually identical causes of action may be dismissed under 28 U.S.C. § 1915 as frivolous or malicious.

Questions Presented

1. Whether the action should be dismissed because it repetitively duplicated McNeese's prior federal actions based on the same incident and sought the same relief.
2. Whether the repetitive and duplicative filing constituted frivolous or malicious litigation subject to dismissal under 28 U.S.C. § 1915.

Disposition

dismissed