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