Khonsu El v. Indiana State of
1:23-cv-00488
N.D. Ind.Sep 25, 2024Background
- Selah Khonsu El (also known as Lamar James Wilson, Sr.), a pro se prisoner, filed a complaint under 42 U.S.C. §§ 1983 & 1985 with related requests for mandamus and prohibition.
- Plaintiff alleges trust property was illegally seized and challenges the validity of his arrest and continued incarceration, claiming violation of sovereign immunity and asserting a separate legal identity detached from his state-recognized name.
- Plaintiff's arguments appear rooted in sovereign citizen ideology, referencing foreign sovereignty, international entities, and various treaties.
- He seeks immediate release from prison, the return and sealing of information linked to his state name, an injunction against state interference, and monetary damages.
- The court reviewed the case under the screening provision of 28 U.S.C. § 1915A, which mandates dismissal if the complaint is frivolous, fails to state a claim, or seeks relief against immune defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to Immediate Release | Arrest and detention violate FSIA/sovereign rights | Not directly addressed; subject to review | Habeas corpus is exclusive remedy for this claim |
| Monetary Damages for Property Loss | Seizure of trust property violated sovereign rights | Not directly addressed | Claims are legally frivolous |
| Validity of Sovereign Immunity | Plaintiff immune as "sovereign citizen" | Not directly addressed | Sovereign citizen claims are frivolous |
| Injunctive Relief Against State | Seeks order stopping state interference | Not directly addressed | Dismissed as frivolous |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (pro se complaints are to be liberally construed)
- Heck v. Humphrey, 512 U.S. 477 (habeas corpus is the exclusive remedy for challenging confinement)
- Jones-Bey v. State, 847 F.3d 559 (sovereign citizen theories are legally frivolous)
- United States v. Benabe, 654 F.3d 753 (sovereign citizen arguments universally rejected by courts)
