Wright v. The United States of America
3:11-cv-03032
D.S.D.May 14, 2012Background
- Wright, a life-term prisoner, sues the United States and various federal actors in a pro se action.
- He claims he is a sovereign by birth and invokes the Fort Laramie Treaty of 1868, seeking to challenge federal jurisdiction.
- The court takes judicial notice of Wright’s prior criminal case (CR 06-30026) and related proceedings, including his 2007 conviction and life sentences.
- Wright previously challenged jurisdiction via a §2255 petition; the district court recharacterized and denied it, and the Eighth Circuit denied rehearing.
- The current action names judges, prosecutors, and federal agencies as defendants, asserting lack of jurisdiction and sovereign immunity defenses.
- The court grants in forma pauperis status, but dismisses all claims and assesses the PLRA filing fee obligations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wright may proceed in forma pauperis | Wright contends indigent status permits filing without fees. | Defendants argue PLRA requirements apply and the action should be dismissed. | Granted; Wright may proceed in forma pauperis. |
| Whether Wright can sue on behalf of others | Wright asserts claims on behalf of himself and others (sovereign kin). | Non-attorneys may not represent others; Wright lacks authority to sue for others. | Claims construed as Wright’s-only; no representative suits allowed. |
| Whether the action is a second/successive §2255 petition | Wright challenges jurisdiction anew under federal law. | A successive petition requires §2244 certification; not satisfied here. | Dismissed as successive §2255 petition lacking certification. |
| Whether the Fort Laramie Treaty bad-men clause exempts Wright from federal prosecution | Treaty rights barred enforcement of federal criminal laws against Wright. | Clause does not exempt individuals from federal jurisdiction; Major Crimes Act governs. | No exemption; treaty clause not jurisdictional or protective against prosecution. |
| Whether judicial or prosecutorial immunity bars claims | Judges and prosecutors violated Wright’s rights; immunity should not apply. | Judicial immunity absolute; prosecutors have absolute immunity in initiating/presenting cases. | Judicial and prosecutorial immunity shielded; claims fail. |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 F.3d 553 (U.S. 2007) (claims must plead enough to raise relief above speculative level)
- Beavers v. Lockhart, 755 F.2d 657 (8th Cir. 1985) (liberal pleading standards but not for conclusory allegations)
- Zutz v. Nelson, 601 F.3d 842 (8th Cir. 2010) (elements of §1983 claims require facts showing state action and deprivation)
- Forrester v. White, 484 U.S. 219 (U.S. 1988) (functional approach to immunity analysis)
- Imbler v. Pachtman, 424 U.S. 409 (U.S. 1976) (prosecutorial absolute immunity in initiating/prosecuting case)
