Bah't Yisra-El et al v. City of Ferguson Municipal Court et al

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motions to proceed in forma pauperis docs# 2 , 3 , 4 are GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the com plaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. Signed by Honorable Rodney W. Sippel on 5/24/11. IT IS HEREBY CERTIFIED that an appeal would not be taken in good faithbecause this action is wholly frivolous. An appropriate Order of Dismissal shall accompany this Memorandum and Order.Signed by District Judge Rodney W. Sippel on May 24, 2011.(RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TZDIQUAH BAH’T YISRA-EL, et al., )
)
Plaintiffs,
)
)
v.
)
)
CITY OF FERGUSON MUNICIPAL )
COURT, et al.,
)
)
Defendants.
)

No. 4:11CV881 RWS

MEMORANDUM AND ORDER
This matter is before the Court Plaintiffs’ motions for leave to commence this
action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon
consideration of the financial information provided with the motions, the Court finds
that Plaintiffs are financially unable to pay any portion of the filing fee. As a result,
Plaintiffs will be granted leave to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915. Additionally, the Court has reviewed the complaint and will dismiss it
pursuant to 28 U.S.C. § 1915(e)(2)(B).
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint
filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief from a Defendant who is

immune from such relief. An action is frivolous if it “lacks an arguable basis in either
law or fact.” Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v. Hernandez,
504 U.S. 25, 31 (1992). An action is malicious if it is undertaken for the purpose of
harassing the named Defendants and not for the purpose of vindicating a cognizable
right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff’d 826 F.2d
1059 (4th Cir. 1987). A complaint fails to state a claim if it does not plead “enough
facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007).
The Complaint
Plaintiffs Tzdiquah Bah’t Yisra-El, Mijakelita Isa-Al, and Raphael Yisra-El
bring this action against Defendants City of Ferguson Municipal Court, Mills
Properties, Inc., Christal Brown, and the City of Ferguson Police Department and
Arresting Code Enforcers under 42 U.S.C. § 1983 for alleged constitutional
violations. Plaintiffs also allege violations of copyright law, RICO, and other laws.
The complaint, which is largely nonsensical, alleges that Plaintiffs, as “Moors” or
“Moorish Americans,” are sovereign beings and are not subject to the laws of the
United States, Missouri, or of the local municipalities.
Plaintiffs Tzdiquah Bah’t Yisra-El allege that they used to live at the Versailles
Apartments, where they were exposed to “Black Toxic Mold.” Defendant Christal
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Brown is alleged to be the property manager at the Versailles Apartments. Plaintiffs
claim that they were living at Apartment 307 without paying rent from January 3,
2011, through May 3, 2011, when they were evicted. Plaintiffs state that Brown
called the City of Ferguson Police Department to remove them from the property.
Plaintiffs Tzdiquah Bah’t Yisra-El allege that unnamed police officers tazed
them, abused them, and arrested them, all in violation of their supposed rights as
“sovereign” beings. Plaintiffs claim that their copyrights were violated when police
officers wrote their names on police reports.
Plaintiffs Tzdiquah Bah’t Yisra-El allege that they were detained for four days
in unsanitary conditions. They allege that they were forced to drink from toilets and
were forced to lay on floors with blood and fecal matter present.
Plaintiffs allege that they were brought before the City of Ferguson Municipal
Court for criminal proceedings. Plaintiffs claim that the state courts do not have
jurisdiction over them because they are sovereign entities.
Discussion
Plaintiffs’ allegations regarding their sovereign status are legally frivolous.
Each of their allegations that are predicated on their sovereign status, i.e., their
copyright, RICO, kidnapping, embezzlement, slander, money laundering, UCC, and
other miscellaneous claims, are legally frivolous.
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“[C]ourts as entities are not vulnerable to § 1983 suits, because they are
protected by state immunity under the eleventh amendment. A court is not a ‘person’
within the meaning of the Civil Rights Act.” Harris v. Missouri Court of Appeals,
Western Dist., 787 F.2d 427, 429 (8th Cir. 1986) (citation omitted). As a result,
Plaintiffs’ claims against the City of Ferguson Municipal Court are legally frivolous.
Plaintiffs’ § 1983 claims against Mills Properties, Inc., and Christal Brown are
frivolous because these Defendants are not state actors.
Plaintiffs’ claims against the City of Ferguson Police Department and Arresting
Code Enforcement are legally frivolous because this Defendant is not a suable entity.
Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 81 (8th Cir. 1992)
(departments or subdivisions of local government are “not juridical entities suable as
such.”); Catlett v. Jefferson County, 299 F. Supp. 2d 967, 968-69 (E.D. Mo. 2004)
(same). As a result, the Court will dismiss this action under 28 U.S.C. § 1915(e).
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ motions to proceed in forma
pauperis [docs. #2, 3, 4] are GRANTED.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint because the complaint is legally frivolous or fails
to state a claim upon which relief can be granted, or both.
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IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith
because this action is wholly frivolous.
An appropriate Order of Dismissal shall accompany this Memorandum and
Order.
Dated this 24th day of May, 2011.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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