Judge Not Impressed By Lawsuit By Woman Who Was Banned By Facebook

from the try-try-again dept

We recently wrote about the lawsuit a woman filed, claiming an ADA violation, after Facebook shut down her account for violating the site's terms of service. We were pretty damn skeptical the case could go anywhere, and it appears that it's off to a pretty unpromising start. Kashmir Hill alerts us to the article she wrote about the judge expressing extreme skepticism about the case:
In an order issued last week, California Judge Jeremy Fogel voiced extreme skepticism about Young's complaint of violations of her constitutional rights and the Americans with Disabilities Act. Fogel denied her the right to proceed in forma pauperis -- without paying court fees -- explaining in the order that he has the right to do so "if it appears from the face of the proposed complaint that the action is frivolous or without merit."

"As presently drafted, the complaint appears to be without merit in that it fails to set forth a cognizable claim," writes Fogel. He dismissed Young's civil rights claims since Facebook is not a government actor. "The remaining claims do not explain adequately how Plaintiff's rights have been violated and the legal basis upon which relief may be granted," he writes.
Certainly doesn't sound like this case is going to go anywhere at all, thankfully.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Drakoth, Sep 11th, 2010 @ 11:04pm

    Perfect

    From the previous article, this commend is just too damn precious not to copy and repost. Credit goes where it should.

    PopeHilarius (profile), Sep 2nd, 2010 @ 10:56am

    Facebook banned her for harassing people, so she's harassing them? She has a sort of a 'when your only tool is a hammer' kind of problem.

     

    reply to this | link to this | view in thread ]

  2.  
    icon
    baditup (profile), Sep 13th, 2010 @ 10:03am

    nice ref, Drakoth... that's golden! aw man, the hammer thing is just hilarity incarnate.

     

    reply to this | link to this | view in thread ]


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