Archive for the ‘Twice’ Category
DailyTech – The Ranting of a Madman: Google $5 Billion Lawsuit Dismissed Twice
Posted on: May 1, 2008
Jayne’s handwritten court documents (Source: Justia.com)
Pennsylvania inmate loses strange case in court of appeals
Pennsylvania resident Dylan Stephen Jayne saw his bizarre $5 billion “crimes against humanity” lawsuit against Google shot down a second time, this time by the U.S. Court of Appeals for the Third Circuit.
Jayne filed suit against Google last September, seeking $5 billion in damages over claims that Google’s founders committed aided terrorists and violated his privacy – due to the fact that part of Jayne’s Social Security number is somehow visible when the Google logo is turned upside down. His complaint was submitted, handwritten, to a Pennsylvania Middle District court along with motions to expedite nearly every step of his case – including motions to expedite payment, filing exhibits, and even a motion to expedite previously filed motions to expedite.
Pennsylvania District Judge James Munley dismissed Jayne’s suit sua sponte (on its own) nine days after it was filed, on the grounds that Jayne failed to make any actionable claims.
A month later, Jayne sought to appeal – again submitting a handwritten Motion to Appeal, taking the case to the Pennsylvania Supreme Court. The Appeals court chose to uphold the lower court’s decision, noting that Jayne’s claims – which invoked an obscure law that applied to state actors, to which Google does not apply – failed to demonstrate any instance of Google depriving him of Constitutionally-protected rights while the company acted “under color of state law.”
“It is clear that [none of the] criteria is satisfied here,” said the Appeals Court judge. “As explained by the District Court, Google and its founders are not state actors, and Jayne’s allegation concerning his coded social security number does not constitute a violation of the Constitution or federal law.”
Further, the court agreed that “any amendment of the complaint would be futile.”
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