Opinion

LIVINGSTON v. STATE OF MAINE

Court
District Court, D. Maine
Filed
Apr 24, 2024
Cited by
0 cases
Authority
More cited than 23.3%

“Plaintiffs have not shown that the United States has waived its sovereign immunity as to State constitutional claims. . . . When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case.”

How later courts described this case

  • “Plaintiffs have not shown that the United States has waived its sovereign immunity as to State constitutional claims. . . . When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case.”
  • noting that claims are “factually frivolous” when they are “clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional”—i.e., “when the facts alleged rise to the level of the irrational or the wholly incredible” (cleaned up)
  • holding that a complaint fails to state a claim when it does not plead “enough facts to state a claim to relief that is plausible on its face”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

JIMMIE LIVINGSTON JR., )

)

Plaintiff )

)

v. ) No. 2:24-cv-00138-JAW

)

STATE OF MAINE et al., )

)

Defendants )

RECOMMENDED DECISION AFTER PRELIMINARY REVIEW

Because I granted Jimmie Livingston Jr.’s application to proceed in forma

pauperis, see Order (ECF No. 4), his complaint (ECF No. 1) is now before me for

preliminary review. See 28 U.S.C. § 1915(e)(2)(B) (providing that when a party

proceeds in forma pauperis a court must “dismiss the case at any time if” it

determines that the action “is frivolous or malicious[,] . . . fails to state a claim on

which relief may be granted,” or “seeks monetary relief against a defendant who is

immune from such relief”).

In his complaint, Livingston names the State of Maine and the “U.S.

Government” as defendants. See Complaint at 1-2. He invokes federal question

jurisdiction but cites only the Maine Constitution. See id. at 4 (citing Me. Const. art I,

§§ 1, 3). His allegations are as follows: “State of Maine has violated my religion by:

failure to pay daily wages to live[.] No other God besides mine (Micah 4.) Electronic

interference[.] Un-identified aircraft intimidation over me.” Id. at 5. He seeks

“[$]150 million [for] false imprison[ment] using a perversion of bible that caused [his]

slavery here [and] failure to protect property” as well as “$7,000 for loss of marked

mini-van due to ethnic sabotage” and to be “[r]elocated out of the U.S. from all forms

of Domestic Terrorists.” Id. at 5-6.

Livingston’s complaint does not pass muster. The United States is immune

from state constitutional claims. See Rich v. United States, 158 F. Supp. 2d 619, 630

(D. Md. 2001) (“Plaintiffs have not shown that the United States has waived its

sovereign immunity as to State constitutional claims. . . . When a plaintiff has failed

to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear

the case.”). Maine’s alleged violations of its own constitution do not present a federal

question. See 28 U.S.C. § 1331 (providing that “district courts shall have original

jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the

United States.” (emphasis added)). And even if jurisdiction were proper and the

defendants were amenable to suit, Livingston’s complaint is hopelessly vague and

has all the hallmarks of being factually frivolous. See Bell Atl. Corp. v. Twombly,

550 U.S. 544, 570 (2007) (holding that a complaint fails to state a claim when it does

not plead “enough facts to state a claim to relief that is plausible on its face”); Denton

v. Hernandez, 504 U.S. 25, 32-33 (1992) (noting that claims are “factually frivolous”

when they are “clearly baseless, a category encompassing allegations that are

fanciful, fantastic, and delusional”—i.e., “when the facts alleged rise to the level of

the irrational or the wholly incredible” (cleaned up))

For these reasons, I recommend that the Court DISMISS Livingston’s

complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).

NOTICE

A party may file objections to those specified portions of a Magistrate

Judge’s report or proposed findings or recommended decisions entered

pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the District

Court is sought, together with a supporting memorandum, within fourteen

(14) days after being served with a copy thereof. A responsive memorandum

shall be filed within fourteen (14) days after the filing of the objection.

Failure to file a timely objection shall constitute a waiver of the right

to de novo review by the District Court and to appeal the District Court’s

order.

Dated: April 24, 2024

/s/ Karen Frink Wolf

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.