Bliss v. Zimmerman, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania granted Jason L. Bliss leave to proceed in forma pauperis and dismissed his § 1983 complaint. The court held that claims against Lehigh County Parole were barred by Eleventh Amendment immunity and that the remaining allegations were factually frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court denied leave to amend as futile.

Holdings

1. The complaint was properly dismissed as factually frivolous because its allegations that defendants and others conspired to implant and use a tracking device in Bliss's ear were irrational, wholly incredible, and lacked an arguable basis in fact.
2. Lehigh County Parole was protected by Eleventh Amendment immunity from Bliss's damages claims under § 1983.
3. No leave to amend was warranted because the underlying claims were frivolous and amendment would be futile or inequitable.
4. Bliss could not obtain an order compelling criminal prosecution of third parties through this § 1983 action.

Questions Presented

1. Whether Bliss's allegations that defendants conspired to place a tracking device in his ear and harass or harm him were factually frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether Lehigh County Parole was immune from damages claims under § 1983 by virtue of Eleventh Amendment immunity.
3. Whether Bliss should be granted leave to amend the complaint.
4. Whether the court could grant relief in the form of criminal prosecution of third parties.

Disposition

dismissed