Ronnie Clark v. Jeremy Ball et al.

Summary

The United States District Court for the Western District of Kentucky dismissed Ronnie Clark’s pro se 42 U.S.C. § 1983 action against employees of the Kentucky State Reformatory. Applying 28 U.S.C. § 1915A and Federal Rule of Civil Procedure 12(b)(1), the court concluded that the allegations concerning electromagnetic systems and related abuse were frivolous, delusional, and insufficient to establish a cognizable claim or subject-matter jurisdiction.

Holdings

1. The complaint was frivolous because its allegations concerning governmental use of electrical, electromagnetic, neurological, and crystal-based technology to abuse and manipulate the plaintiff were clearly baseless and lacked an arguable factual basis.
2. The complaint also warranted sua sponte dismissal under Federal Rule of Civil Procedure 12(b)(1) because its allegations were totally implausible, attenuated, unsubstantial, frivolous, and devoid of merit.

Questions Presented

1. Whether the complaint should be dismissed as frivolous under 28 U.S.C. § 1915A because its factual allegations were delusional, fantastic, or wholly incredible.
2. Whether the complaint should be dismissed sua sponte for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) because its allegations were totally implausible and unsubstantial.

Disposition

dismissed