Opinion

Torres v. Pasco County Board of Commissioners

Court
District Court, M.D. Florida
Filed
Apr 14, 2022
Cited by
0 cases
Authority
More cited than 19.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

JERRI “MEGAN” TORRES,

Plaintiff,

v. Case No: 8:21-cv-892-TPB-JSS

PASCO COUNTY BOARD OF

COUNTY COMMISSIONERS,

Defendant.

_______________________________________/

ORDER DENYING “PLAINTIFF’S MOTION FOR

FREE PASSAGE THROUGH MARSHAL’S CHECK POINT”

This matter is before the Court on “Plaintiff’s Motion for Free Passage

Through Marshal’s Check Point,” filed pro se on April 13, 2022. (Doc. 92). After

reviewing the motion, court file and record, the Court finds as follows:

In her motion, Plaintiff seeks “free passage” through the security checkpoint

of the federal courthouse “by right of self-determination/governance.” She asserts

that she was denied entrance on April 7, 2022, after supplying a “diplomatic

passport” from “the State Society of Christopher Nation.” She was permitted to

appear at a hearing telephonically after she refused or declined to provide valid

government-issued identification.

Congress has charged the United States Marshals Service and the Secretary

of Homeland Security with protecting the federal courts. 28 U.S.C. § 566(a) (“It is

the primary role and mission of the United States Marshals Service to provide for

the security and to obey, execute, and enforce all orders of the United States

District Courts, the United States Courts of Appeals, the Court of International

Trade, and the United States Tax Court, as provided by law.”); United States v.

Smith, 426 F.3d 567, 576 (2d Cir. 2005). After the events of September 11, 2001, a

new policy requiring photo identification was implemented to protect federal

buildings and courthouses. Id. at 570. Although some individuals have filed suit,

insisting on a constitutional right to enter a federal courthouse without providing

identification, these challenges have been soundly rejected. See, e.g., Haas v.

Monier, No. NH CA 08-169 MML, 2009 WL 1277740, at *7 (D.N.H. Apr. 24, 2009)

(collecting cases). To be clear, “the governmental interest in safeguarding

courthouses is paramount . . . and a request by [the] marshal for identification is a

reasonable and limited measure to ensure that courthouse security is maintained.”

Gardner v. Caddo Parish Sheriff Office, No. CIV.A. 12-1916, 2013 WL 654152, at *1

(W.D. La. Feb. 5, 2013), report and recommendation adopted, 2013 WL 638890, at

*1 (W.D. La. Feb. 21, 2013).

Plaintiff does not assert that she does not possess a valid government-issued

form of identification, or that she cannot afford a fee associated with obtaining such

identification. Instead, she is upset that the marshal would not accept a homemade

passport from a fictitious, nonexistent state. But even if Plaintiff believes that she

is a sovereign of the “Christopher Nation” and does not recognize the authority of

the United States of America or State of Florida, that does not make her exempt

from the requirement to produce a valid government-issued identification to enter

the federal courthouse. If she does not wish to produce such identification to enter

the courthouse for hearings or trial, she cannot enter the building.

DONE and ORDERED in Chambers, in Tampa, Florida, this 14th day of

April, 2022.

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TOM BARBER

UNITED STATES DISTRICT JUDGE

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