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A measure of vexation: Pro se plaintiff counted out

Plagued by pro se plaintiffs who don’t know when to quit?

Not satisfied with an “I know it when I see it” test, the chief judge for the Norfolk Circuit Court has announced his “indicia of vexatiousness” for deciding when a pro se plaintiff can get back into court when he is subject to pre-filing review.

“From long experience,” Norfolk Circuit Chief Judge Everett A. Martin says he has “come to recognize certain indicia of vexatiousness.”

The defendants are numerous and include a high state official who has nothing to do with the underlying events, as well as another judge who previously ruled against the plaintiff and prior law firms and lawyers who have disappointed the plaintiff. That prior unhappy experience is the basis for the present suit, and the plaintiff uses a “blunderbuss” approach in casting blame.

Some of the actions alleged are privileged, and some of the defendants are immune from suit. The plaintiff is subject to pre-filing review in more than one court.

There is a conspiracy – they’re everywhere these days – that includes lawyers and at least one judge, and the conspirators have committed various crimes, including forgery. The plaintiff seeks over $100 million in compensatory and over $100 million in punitive damages.

Of course, the media and the FBI have been alerted. The plaintiff in this case had yet to send out an alarm.

In the court’s analysis, the pleading at issue in In re: Michael A. Scott closely matched the detailed criteria. Martin dismissed Scott’s pro se pleading, with an additional requirement of page limits for future filings.
Deborah Elkins

2 comments

  1. Actually, the underlying opinion, I anticipate, will be useful to me in the future when I encounter, as have all attorneys in practice more than a few months, potential clients who have fantastic tales to tell and want me to bring big, money-making lawsuits on their behalf. I printed it out for future use.

  2. Actually, the underlying opinion, I anticipate, will be useful to me in the future when I encounter, as have all attorneys in practice more than a few months, potential clients who have fantastic tales to tell and want me to bring big, money-making lawsuits on their behalf. I printed it out for future use.

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