POLLINS v. OBAMA

Filing 4

MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that this case is sua sponte DISMISSED with prejudice. Defendant's motion to dismiss 2 is DENIED as moot. Signed by Judge Randolph D. Moss on 8/2/2016. (lcrdm3, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

KEVIN POLLINS,
Plaintiff,
v.

Civil Action No. 16-1517 (RDM)

PRESIDENT BARACK OBAMA,
Defendant.

MEMORANDUM OPINION AND ORDER
Pro se plaintiff Kevin Pollins filed this lawsuit against President Barack Obama alleging
that the President is liable for copyright infringement for “plagiariz[ing]” various policy ideas
from Pollins. See Dkt. 1-2 at 2. Specifically, Pollins alleges that he “pitched rebound ideas”
about corporate taxes, the gas tax, price gouging, and the Patient Protection and Affordable Care
Act. Id. As evidence, Pollins points to a line in the President’s most recent State of the Union
address, stating that “someone somewhere made this possible.” Id. Pollins has also included a
handwritten call log of communications between himself and the White House, id. at 3, as well
as a series of handwritten letters he sent to the President suggesting various policy proposals, id.
at 4–7. Pollins believes his ideas have helped “pa[y] down the national debt by 20%,” and he
asks for $250,000 per year in return for his consulting services. Id. at 1–2.
District courts may dismiss a complaint sua sponte under Federal Rule of Civil Procedure
12(b)(6) if “the plaintiff cannot possibly win relief.” Best v. Kelly, 39 F.3d 328, 331 (D.C. Cir.
1994) (internal quotation marks omitted). Here, Pollins seeks damages for copyright
infringement for ideas that were not copyrightable. He also seeks damages from the President of

the United States for acts committed within the scope of the President’s executive authority—
acts for which the President enjoys absolute immunity. See Nixon v. Fitzgerald, 457 U.S. 731,
748–56 (1982)). Finally, the complaint facially fails to allege a “plausible” claim for relief.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007). The Court will therefore sua sponte dismiss the complaint with prejudice under Rule
12(b)(6).
SO ORDERED.
/s/ Randolph D. Moss
RANDOLPH D. MOSS
United States District Judge
Date: August 2, 2016

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