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HURT v. SOCIAL SECURITY AMIN
1:14-cv-02015
S.D. Ind.
Dec 11, 2014
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Background

  • Tyrone Hurt filed a civil action in the Southern District of Indiana naming the SSA, Unknown Narcotics Agents, and Former President George W. Bush as defendants.
  • Hurt sought in forma pauperis status but the court denied IFP due to failure to demonstrate eligibility under 28 U.S.C. § 1915(e)(2).
  • The court notes Hurt has a documented history of filing frivolous lawsuits under multiple surnames (Hurt and Hunt) and cites prior judicial orders restricting his filings.
  • The complaint targets federal agencies and a former president, includes anonymous John Doe defendants, and lacks any connection to the Indiana district or basis for liability.
  • The court dismisses the action as frivolous under § 1915(e)(2) and directs that final judgment be entered.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether IFP dismissal is proper Hurt argues for IFP status and access to court. Court may deny IFP where frivolous or non-qualifying claims exist. Yes; action dismissed for frivolity under § 1915(e)(2).
Whether the complaint states a cognizable claim against a federal agency or government official Hurt asserts claims against SSA and Bush. Claims lack connection to district and lack viable theory; immunity applies to former president. No cognizable claim; frivolous and barred.
Whether unnamed John Doe defendants render the suit viable Plaintiff includes unknown defendants to cover potential liability. John Doe allegations are dismissed as pointless and non-relational; do not permit relation back. Dismissed; John Doe defendants improper.

Key Cases Cited

  • Hurt v. Soc. Sec. Admin., 544 F.3d 308 (D.C. Cir. 2008) (IFP abuse and frivolous appeals barred)
  • Wudtke v. Davel, 128 F.3d 1057 (7th Cir. 1997) (anonymous defendants and pleadings insufficient)
  • Hoskins v. Poelstra, 320 F.3d 761 (7th Cir. 2003) (district judges may dismiss frivolous suits spontaneously)
  • Rowe v. Shake, 196 F.3d 778 (7th Cir. 1999) (procedural abuses justify dismissal)
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Case Details

Case Name: HURT v. SOCIAL SECURITY AMIN
Court Name: District Court, S.D. Indiana
Date Published: Dec 11, 2014
Docket Number: 1:14-cv-02015
Court Abbreviation: S.D. Ind.