Bradshaw, et al. v. MI5, et al. – Do It For The Caselaw

Holding: The Ninth Circuit affirmed the district court's dismissal for lack of subject matter jurisdiction because the plaintiffs' claims were wholly insubstantial and frivolous.
Standard: de novo review for lack of subject matter jurisdiction
Vote: The panel unanimously concluded the case was suitable for decision without oral argument.
Practical effect: The dismissal stands, preventing the plaintiffs from pursuing their claims in federal court due to the lack of a valid federal controversy.

The Ninth Circuit affirmed a district court dismissal of a pro se action alleging various claims against government entities. The appellate panel held that the plaintiffs' claims were wholly insubstantial and frivolous, failing to establish federal subject matter jurisdiction.

Background

Rebecca L. Bradshaw and Patricia A. Ralph filed a pro se action in the United States District Court for the Northern District of California alleging various claims against MI5, the Office of the Inspector General, DNA Warfare and Research and Development Acquisition, and George H.W. Bush. The district court dismissed the action sua sponte for lack of subject matter jurisdiction.

The court’s reasoning

The Ninth Circuit reviewed the dismissal de novo. The panel concluded that the district court properly dismissed the action because the plaintiffs’ claims were wholly insubstantial and frivolous. The court cited Steel Co. v. Citizens for a Better Env’t, explaining that an action may be dismissed for lack of subject matter jurisdiction where the alleged federal claim is wholly insubstantial and frivolous or so otherwise completely devoid of merit as not to involve a federal controversy. The panel did not consider documents or facts not presented to the district court.

wholly insubstantial and frivolous

Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89 (1998)

What it means going forward

The dismissal stands, preventing the plaintiffs from pursuing their claims in federal court due to the lack of a valid federal controversy.

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