"[T]he Bible … Says 'Ask and You Shall Receive,' but I Did Not Receive"

I don't think it really works that way.

From Magistrate Judge Mac McCoy's opinion in Johnson v. Ave Maria School of Law, filed late last year but just posted on Westlaw:

Plaintiff Christopher Johnson filed an Affidavit of Indigency on September 4, 2019, which the Court construes as a motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915 …. Plaintiff seeks leave to proceed in forma pauperis, which is without pre-payment of fees. The Court has carefully reviewed the Complaint and the Affidavit of Indigency under 28 U.S.C. § 1915 and relevant pleading standards. Based upon that review, the Court determines that Plaintiff must be required to amend the Complaint….

First, Plaintiff has filed an impermissible shotgun pleading replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action. Plaintiff's Complaint is 57 pages long and contains 129 separate paragraphs.. A multitude of these paragraphs consist of incoherent, conclusory statements. For example, Plaintiff alleges Defendant, the law school he attended, Ave Maria Law:

is abusing their power, abusing their authority, participating in intimidation, conspiring to ruin reputations, creating master-slave relationships, using classical programming and/or mind control techniques, conspiring against humans and the State of Florida and possibly the U.S. Government for political gains, financial gains; and power, operating a criminal organization by hiding crime, obstructing justice and harboring and/or aiding and abetting criminals, treason and conspiring to make others commit treason, negligence, fraud, violations of the Florida and U.S Constitution, creating a hostile environment, harassment, psychological., spiritual and emotional abuses, creating and tolerating hate speech, failure to report a crime, failure to report crimes, failure of care of duty and care of safety, obstruction of justice, and possibly due to the above writing and Ave Law's actions other crimes and/or violations allowed under Civil law. Ave Maria Law School would not mediate my issues in a respectable or equal manner while attending, and after leaving would not mediate at all, committing fraud by not practicing what they preach or teach, by having a mediation clinic and then being told to read the Bible, which says "Ask and you shall receive," but I did not receive….

The court is silent on whether the heavenly Father gave Johnson the Holy Spirit, which I understand is what would be received by those who ask for it. (For the court's rejection of the amended complaint as well, see here.)

Comments

[Ridgeway]

Maybe RAK can do some pro bono work for Mr. Johnson and finally take down Ave Maria School of Law.

[Rev. Arthur L. Kirkland]

Superstitious downscalers have rights, too.

That school likely should not be accredited by mainstream America, but neither should it be "taken down."

[Dr. Ed 2]

Three thoughts here:

1: Could he have brought this suit under Canon Law and/or asked an American court to enforce Canon Law on a contractual basis?

I'm thinking here of the part about how a college catalogue is considered a contract which students can sue. Depending on how "ask and you shall receive" is presented as a policy, I can see a legitimate false advertising claim here. Sorta like what Trump U was accused of doing, and I'm not sure it did.

2: Writ larger is the false promises institutions make to gain and retain students. (Wasn't there a scandal about law school placement rates a while back?)

IHEs are doing what the casinos do -- showing the few wildly successful graduates without mentioning all the unsuccessful ones, nor the individual applicant's ability of success.

3: While one can see traces of mental illness in that pleading -- and I have to be careful here because I do respect the Goldwater Rule -- the issue is that IHEs are making students crazy and ought not there be liability for that? (Intentional infliction of emotional distress or something...)

I'm talking about the "Gaslighting" that currently is in vogue, the practice of literally pushing formerly-sane kids over the edge for the convenience of the institution.

[David Nieporent]

He didn’t plead that the handbook/catalog said “Ask and he shall receive”; he said that the Bible said it.

[Dr. Ed 2]

"Ave Maria Law School would not mediate my issues in a respectable or equal manner while attending, and after leaving would not mediate at all, committing fraud by not practicing what they preach or teach, by having a mediation clinic and then being told to read the Bible, which says "Ask and you shall receive,"

It appears that they promised mediation but failed to provide it, instead telling him to read the Bible.

[Bustard]

Great is the wisdom in reading to the end.

[TwelveInchPianist]

Speaking of reading to the end, it appears that Lin Wood has added his own personal attestation of the veracity of his latest complaint:

"Pursuant to 28 U.S.C. §1746, I declare and verify under plenty of perjury that the facts contained in the foregoing Verified Complaint for Declaratory and Injunctive Relief are true and correct."

[Sarcastr0]

Def an all timer typo

[TwelveInchPianist]

Agreed. And I feel qualified to say so. 🙂

[santamonica811]

It did make me laugh out loud. Freudian slip instead of typo, perhaps?

[David Nieporent]

Dude, not a typo.

[santamonica811]

[Fill in the obligatory, ancient, and oft-repeated joke about "It's fine to sue God, as long as you're able to successfully serve him with the Complaint."]

[Ridgeway]

I assume you are familiar with US ex rel. Mayo v. Satan and His Staff

https://cite.case.law/frd/54/282/

[Charles Nichols - CRTC]

That excerpt from the Complaint reads as if it were written by a member of CalGuns.nuts.

[kjohn]

Not on topic but why all the Latin? I assume the use of a language few understand means one may plead before the court in a little known Mayan dialect? Please advocate for English so all may understand it.