Appeals court decides enough's enough: Orders homeless guy who's been suing everybody over everything for more than 20 years to pay $1,000
The U.S. Court of Appeals has ordered a man who lists his address as the St. Francis House to pay $1,000 for what it determined was a frivolous lawsuit involving a criminal case that had nothing to do with him.
The court ordered Friedrich Lu to pay the state $500, for the time the Attorney General's office had to waste defending several officials at Suffolk Superior Court, and to pay a Boston law firm another $500 for the time two of its lawyers had to waste defending themselves.
Since at least 1995, Lu has been filing lawsuits against organizations that include the Boston Public Library, MIT, Harvard, the Harvard School of Dental Medicine, Dana-Farber Cancer Institute, Boston College, Suffolk County, the US Attorney's office in Boston, Boston Municipal Court, Capitol Waste Services, the city of Boston, the town of Brookline, the Boston Public Library and the Supreme Judicial Court. In recent years, he has alleged a vast conspiracy among lawyers and judges against him; in one case, this forced Boston federal judges to recuse themselves and bring in a judge from Maine to oversee his case.
No matter how many times judges tell him to knock it off, he has refused.
In his most recent case, filed in Boston federal court, he started by claiming he was disturbed by what he considered a lenient sentence some guy got in a rape case in Suffolk Superior Court in 2019 - a case that did not involve him in the least. When the Suffolk Superior Court clerk's office refused to let him file a motion demanding a tougher sentence, he filed a federal lawsuit against Superior Court Clerk Maura Hennigan, her assistant, the judge's clerk, two lawyers who worked on the man's appeal, the commissioner of the state Department of Corrections, the state secretary of public safety and the convicted man.
A judge in Boston federal court dismissed the case. Lu appealed.
On May 16, the appeals court, well familiar with his cases, since it's rejected four of his previous appeals, said his time is up.
Beyond the fact that Lu has no "standing" in the case - he was not a victim or witness or anything remotely related to it - the court noted that Lu had, as he has done repeatedly over the past two decades, ignored an order issued by federal Judge Mark Wolf in dismissing his 2002 case against Harvard Dental School that requires him, should he file any subsequent suits in federal court, attach a copy of the order, to let any future judges know what sort of legal shenanigans Lu keeps pulling.
Lu, contending Wolf was not and never will be the boss of him, has refused to attach copies of the order to anything he's since filed in federal court - just like he's continued to file cases in state court, where he's been similarly told to knock it off (although he's a less frequent state filer; court records show his last case there was in 2015).
In its ruling, a three-judge appeals-court panel writes:
After careful consideration, we find that sanctions are in order. We conclude that "a further round of filings to refine the amount precisely will lead only to more expense." Roger Edwards, LLC v. Fiddes & Son Ltd., 437 F.3d 140, 145 (1st Cir. 2006). Accordingly, the appellant is ordered to pay sanctions as follows: no later than May 30, 2023, the appellant shall pay to the Massachusetts Attorney General's Office the flat sum of $500 in attorney's fees, and no later than May 30, 2023, the appellant shall pay to the law firm of Rankin & Sultan the flat sum of $500 in attorney's fees. ...
The appellant is admonished that should he fail to pay the sanctions as directed, this court may impose additional sanctions on him, including filing restrictions.
|Appeals Court order and sanction||36.56 KB|
|Lu's original complaint||407.33 KB|
|The 2002 order||498.04 KB|
|The lawfirm's reply||307.96 KB|
|Hennigan's reply||122.92 KB|
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Nice! Now do
that EMAIL schmuck.
Passing Adam's hat
Seems like there should be an Adam-led effort to take up a collection for this $1k fine. Filer clearly doesn't have the money, and if anyone has actually benefitted from his frivolous litigiousness, it's probably the Universal Hub Content Mining Facility LLC.
But I would be for taking up a collection to ship him to [fill in your favorite loathsome state] where he can focus his attention on [insert your favorite loathsome cause] and torment [choose your favorite loathsome governor]. Our courts here already have enough to deal without this person, who seems may have mental health issues and is also unlikely to change his ways. At least lets have him apply his talents productively.
Why pay it at all?
What can possibly happen to a penniless, homeless person, faced with a $1k fine who doesn't pay it?
Losing the ability to file anything at all
according to the last line.
Most people who are chronically homeless aren't quite penniless since they qualify for a number of government assistance programs which often include cash payments.
Was this tongue in cheek, or petulant?
It's a funny thing
One of the good things about the Boston area is how many media outlets there are. Sure, we have some "news deserts" (like Allston/Brighton: 100,000 people, possibly more development than any other neighborhood and not a single outlet dedicated to covering it), but in general, it's nowhere near as hard to get news here as in other cities.
So it's always puzzled me why people who hate me keep visiting UHub. Good for my page numbers, I guess, but if you get annoyed by what you see here that much, dude, try other places. I won't mind, and you'll appreciate how much longer your keyboard lasts when you're not spitting all over it in anger.
I didn't clock the username
I didn't clock the username, but I took it as a lighthearted jape, not a poison-laced dart. YMMV.
Whoa, who left that mess lying around
Light-hearted yes. This household is Team Gaffin through and through. Sorry about the Rorschach Test of a comment I left up there, it appears to have been susceptible to all manner of possible interpretation. My profile says I've been registered here 14 years, I definitely didn't wake up this morning intending to throw any grenades.
I should count to ten before flying off the handle like that!
I wasn't sure of my reading, so that's why I asked. Glad I did. Thanks for clarifying!
/s at the end is a helpful guide to snark versus unhingement.
I read it as fun snark
I read it as fun snark originally.