backtop


Print E-mail del.icio.us 31 comment(s) - last by cherrycoke.. on Apr 30 at 11:02 PM


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.”

SearchEngineWatch.com called the case – and Google’s resultant win – the hopeful end of the “most bizarre lawsuit ever filed.” Jayne has not, as of yet, attempted to appeal the case any further.

Jayne, who is currently serving time at the Pike County Correctional Facility in Lords Valley, Pennsylvania, targeted more than just Google in his complaint: a submitted list (PDF) of exhibits seems to indicate that the Philadelphia 76ers play some role in decoding Jayne’s Social Security number as well, although the actual SSN is censored out.



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

Hmm
By nowayout99 on 4/29/2008 11:04:58 PM , Rating: 5
Just goes to show you that justice applies only to those who can afford the highest paid lawyers.




RE: Hmm
By mdogs444 on 4/29/08, Rating: -1
RE: Hmm
By nowayout99 on 4/29/2008 11:16:07 PM , Rating: 5
You suck at detecting sarcasm on the internet. :)


RE: Hmm
By mdogs444 on 4/29/2008 11:19:15 PM , Rating: 2
Sorry about that lol. But on this site...there are people that would not surprise me to make a literal statement like that.


RE: Hmm
By nowayout99 on 4/29/2008 11:25:04 PM , Rating: 2
No problem. However, you will receive a package from my rent-a-lawyer in the next 30 days for... I don't know, let's say food poisoning me, and causing me abdominal migration and dry foot.


RE: Hmm
By elegault on 4/30/2008 7:10:22 AM , Rating: 3
This case reminds me of the movie 23.

Schizophrenic!!!


RE: Hmm
By phxfreddy on 4/30/08, Rating: -1
That... does not... make... sense!
By grath on 4/29/2008 10:55:11 PM , Rating: 5
Google must have invoked the Chewbacca Defense to worm their way out of this one!




RE: That... does not... make... sense!
By bryanW1995 on 4/30/2008 2:55:53 AM , Rating: 5
if chewbacca is a wookie, you must acquit!


RE: That... does not... make... sense!
By MozeeToby on 4/30/2008 10:40:19 AM , Rating: 2
Why would a Wookiee, an eight-foot tall Wookiee, want to live on Endor, with a bunch of two-foot tall Ewoks? That does not make sense!

If Chewbacca lives on Endor, you must acquit! The defense rests.


By theapparition on 4/30/2008 1:28:41 PM , Rating: 2
But that's why I never understood the Chewbacca defense, the wookies lived on Kashyyyk!

No wonder Jonny Cochran is dead. His own logic fubar'd him.

Funny episode though.


Frivolous
By mdogs444 on 4/29/2008 11:06:44 PM , Rating: 1
These stupid lawsuits are ridiculous. They cost taxpayer money, and take away precious time & resources from lawsuits and court claims that are actually valid.

I really wish they would pass a law stating that if you make this kind of ridiculous lawsuit attempt, you should be held liable for the amount you are seeking if its deemed to be ridiculous by the court of law. That would really start to weed these out.

But of course you'd still have those w/o a pot to piss in attempting to get free money. In that case, mandatory jailtime of 2+ years w/o probation would suffice.

2nd offense on would be held to a mandatory "im an idiot" tattoo across their foreheads, 2 additional years in jail, and forced to eat a pint of Mayo for breakfast each day.




RE: Frivolous
By DOSGuy on 4/30/2008 12:36:13 AM , Rating: 5
While many frivolous lawsuits do make it to trial, this one didn't. As you can imagine, it didn't take judges very long to realize that the case had no merit. I don't think the taxpayers are out very much for this one.


RE: Frivolous
By TomCorelis (blog) on 4/30/2008 3:11:33 PM , Rating: 2
If anything the guy's filing fees probably covered the amount of salaried time the judge spent tossing the case out for the first run :-)


RE: Frivolous
By maverick85wd on 4/30/2008 5:59:59 PM , Rating: 2
I think most taxpayers will consider the few dollars spent well worth the several minutes of laughter


RE: Frivolous
By jtemplin on 4/30/2008 4:15:08 PM , Rating: 2
He is already in jail. Maybe he was just bored?

The cost of enforcing this law would cost more than the cost to the system to have cases like this. Without trying to generalize too much, this case probably took less than 5 minutes from whichever judge saw it. There are a bunch more steps, but they basically consist of rubber stamping and various paper pushings. I agree that frivolous lawsuits suck but...you can't really be serious
quote:
mandatory "im an idiot" tattoo across their forehead
Not that I expected a reasonable proposal from you, a public flogging of some sort is in step with many other comments you make here =D


Censor bar
By Some1ne on 4/29/2008 11:06:45 PM , Rating: 2
730-90-3667 ?




RE: Censor bar
By Warren21 on 4/29/2008 11:22:06 PM , Rating: 2
I believe that's the man's SIN, thus the lawsuit (ridiculous).


RE: Censor bar
By theapparition on 4/30/2008 1:30:55 PM , Rating: 3
Uh-oh.......you might be next. Hope you have $5 billion sitting around because he's coming.


RE: Censor bar
By casket on 4/30/2008 4:24:13 PM , Rating: 2
I concur with your numbers.


RE: Censor bar
By cherrycoke on 4/30/2008 11:02:44 PM , Rating: 2
According to the site below, 730-90-3667 would not be his Social Security Number. These numbers are assigned by areas or states. The beginning number 730 doesn't fit...

http://genealogy.about.com/library/blsocialsecurit...


reckless
By kyleb2112 on 4/30/2008 3:10:52 AM , Rating: 5
If he was wearing his foil hat, this never would've happened. It's about commitment, people.




Spelling?
By Stele on 4/30/2008 2:14:20 AM , Rating: 4
Correct me if I'm wrong, but I believe sua ponte should be sua sponte ; 'sponte' shares the same Latin root of 'spontaneous', i.e. on its own accord.

In legal parlance the dismissal of the suit by the judge sua sponte means that the judge did so on his own accord without any request/application by the other side (i.e. Google). It follows, then, that the passage should read
quote:
"Pennsylvania District Judge James Munley dismissed Jayne’s suit sua sponte (on his own)
unless the judge happened to be the robotic variety. :P




uncensored
By wuman82 on 4/29/08, Rating: 0
RE: uncensored
By Joz on 4/30/2008 9:13:12 AM , Rating: 1
SSN's are 3#-2#-4# idiot.


RE: uncensored
By Runiteshark on 4/30/2008 10:50:12 AM , Rating: 2
I'm going to steal his identity and lead the life of EASYTOWN.


what law
By tastyratz on 4/30/2008 8:31:12 AM , Rating: 3
quote:
which invoked an obscure law that applied to state actors, to which Google does not apply

and just out of curiosity what law is this? A link or breakdown would have been nice in the article. What is he trying to work here?

P.S. I wanted some opinions. I wanted to know if you guys thought I might have a case here. My social security number is at risk of identity theft!!11!one1!!11!

If you look at dailytech really quick through a baseball glove, ya know move it real fast to look like an old motion picture you see the first number. Then take 1 letter from each of the different sections for articles at the top and put them together. Flip them upside down and spit on your screen - then theres the rest! I realized this while consuming my morning breakfast which consisted of toast that looks like jesus and gene hackman playing twister
if only I sold it on ebay I could have filed my lawsuit!




WTF?
By HaZaRd2K6 on 4/29/2008 11:12:23 PM , Rating: 2
That's really all I have to say.




Holy Moses!
By iFX on 4/30/2008 1:02:31 AM , Rating: 2
You mean he didn't win the money!?!

There's a shocker!




Pensyltuky
By vapore0n on 4/30/2008 8:24:45 AM , Rating: 2
Court should have laughed at his face, or slap a fine for wasting their time.




Tisk Tisk
By geddarkstorm on 4/30/2008 11:27:04 AM , Rating: 2
Should have stuck with Captain Reynolds, Jayne. These new schemes to get rich just aren't working out so swell.




"People Don't Respect Confidentiality in This Industry" -- Sony Computer Entertainment of America President and CEO Jack Tretton











botimage
Copyright 2009 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki