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No one keeps records for bizarre, frivolous lawsuits. Why would they? Still, Jonathan Lee Riches must be in contention for the U.S., or even the world, record. His pride in being a serial litigant was seen in a dispute with Guinness World Records. After claiming (incorrectly) that Guinness was going to name him the world’s most litigious person, he sued to make sure the number wasn’t understated.
There’s no exact count of his lawsuits. The electronic federal court docket system lists Riches as a plaintiff in 1,934 cases filed from February 2006 to March 2016, the last docket entry. If you include efforts to intervene in other litigation, such as securities and antitrust actions, the number exceeds 2,600. And those numbers are for his real name; he’s filed scores of actions using other names.
Riches claimed in 2009 that he’d also filed more than 2,500 lawsuits in local and state courts — and more than 4,000 worldwide. Accepting this as true, which seems injudicious, courts have spent thousands of dollars and hours dealing with some 9,000 meaningless lawsuits. He was such a scourge that at least two federal courts ordered his prison mail privileges not be used to file lawsuits.
The Litigation Onslaught Begins
In 2004, Riches was sent to federal prison for 125 months on wire fraud charges resulting from a “phishing” scheme. After a couple of years of incarceration, filing lawsuits became his pastime. From September through December 2007, he filed more than 260 in federal courts across the country. But he was most prolific in 2008, filing nearly 1,500 cases.
Riches cast the widest possible net. He seemed to perceive that outlandish suits would draw attention to the lawsuits, and thus, to him. He sued dozens of businesses and charities but he also sued things. These included the Mormon Tabernacle, Hurricane Katrina, March Madness, Black History Month, St. Patrick’s Day, Swine Flu, and the No Child Left Behind Act (for leaving him behind).
He also relied on fame or notoriety for individual targets. Among the individuals he sued were Jeffrey Dahmer, George Clooney, Jay Z, Monica Lewinsky, Vladimir Putin, the BTK Killer, Britney Spears, Bruce Springsteen, Jennifer Aniston, Unabomber Ted Kaczynski, Salman Rushdie, Avril Lavigne, Aileen Wuornos, Julian Assange, and Alex Trebek. All the suits were thrown out, like virtually all his others.
Why Wasn’t He Stopped?
How does a person get away with filing so many claims? Fees aren’t charged to file a federal in forma pauperis motion and application claiming indigence. The clerk of courts must file the papers, making them a matter of record. The case doesn’t proceed nor are the defendants served without court approval. The motion or the action it seeks to bring can be dismissed if, among other things, the court finds it “frivolous or malicious.” That’s where Riches’ lawsuits crumbled.
But what about other penalties? During his incarceration, Riches didn’t have the funds to pay fees or sanctions. Some courts ordered the Bureau of Prisons to withhold a percentage of any prison wages to pay the fees. Riches claimed his account was entirely frozen. Still, prison inmate wages render such orders toothless.
Federal law also forbids a prisoner from filing in forma pauperis actions if they’ve had three or more suits dismissed as frivolous. Yet, there’s an exception if the prisoner is “under imminent danger of serious physical injury.” Riches gamed the law by always alleging he faced imminent danger or harm, something a clerk of courts cannot assess or decide. So, Riches only needed paper, an envelope and a stamp.
Riches was released from prison on five years probation on April 30, 2012. Less than a year later, he was incarcerated again. Four days after the Sandy Hook Elementary School shooting, Riches traveled to Newtown, Connecticut, without permission. There, he reportedly impersonated the uncle of Adam Lanza, the Sandy Hook Elementary School shooter. He was arrested for violating probation on old Pennsylvania charges and, in February 2013, he received 2½ to 5 years in state prison.
Riches Uses a Fake Name to Repeatedly Sue the Kardashians
His temporary freedom didn’t quell his litigiousness. For example, in the summer of 2012, Riches used the name “Gino Romano” to file at least 19 federal lawsuits against members of the Kardashian family. These cases, filed in at least 13 different federal courts, illustrate the outlandishness of his claims and perhaps some mockery from the courts.
He sought an injunction against various Kardashians because they “terrorized” him on Disney World’s Tower of Terror ride. “While it may be plausible that more than a few people would be terrorized if they found themselves trapped in the Tower of Terror ride with the Kardashians, the Court concludes the [request] is frivolous,” the judge said in dismissing the claim. He said Riches/Romano “is free to enjoy the theme parks in the greater Orlando area; however, the Court invites him to do so without filing another frivolous lawsuit, regardless of whether the Kardashians join him on the rides.”
In another lawsuit, “Romano” allegedly encountered the Kardashians at Tampa’s Busch Gardens. He claimed Khloe Kardashian put him in a headlock, Kourtney Kardashian stuck her heel in his eye, Kim Kardashian put brass knuckles on and punched him in the teeth, and Kris Kardashian pulled out mace and sprayed him while Kim Kardashian searched his pockets and stole his wallet. Unsurprisingly, the court said the allegations “appear to be delusions.”
In yet another Florida lawsuit, he claimed the Kardashians and others “squatted” in his (alleged) waterfront Florida home. There, Kris Jenner led a Wicca ritual, Kim Kardashian sacrificed a chicken and “used meat cleavers on monkeys [sic] heads,” and Bruce Jenner made “Romano” drink vampire blood. The group then went on a rampage and “did the Thriller dance” around him. Again, a judge called the allegations delusional.
Or there’s the Texas lawsuit where, among other things, “Romano” allegedly saw Kim Kardashian and reality star Jesse James making a sex tape atop a Harley Davidson motorcycle. When he began recording it on his phone, he was attacked by Kardashian, James, Sandra Bullock (who divorced James two years before the lawsuit), Kourtney Kardashian, and Bullock’s son Louis, then two years old. “While the Court gives Romano credit for his imagination and close attention to E! Entertainment Television,” the judge said, “unfortunately his claim is patently frivolous, fantastical, and delusional.”
Trolling Replaces Litigation
At his February 2013 probation revocation hearing, Riches and his lawyer said he suffered from an untreated mental illness. After returning to prison, he filed only 12 federal lawsuits in his name. Half came in 2016, when he sued, among others, Donald Trump, Valentine’s Day, and Daylight Saving Time. He’s not filed a federal lawsuit in his name since March 2016.
Riches left the state prison in May 2016. He’s since written two books, both appearing self-published, gathering some of his lawsuits. His lack of litigation activity, though, isn’t necessarily good news. Several websites classify him as a “notorious” and “dedicated” internet and social media troll, even a “proto-troll.” Riches often posts to various video sites (which is how authorities learned of his trip to Newtown). He’s also contributed anti-ANTIFA content to a right-wing website noted for fake news.
Riches made headlines again last year for stunts at political events and a photo that went viral. The picture showed him wearing a “Make America White Again” and suggesting he was the Minneapolis police officer who kneeled on George Floyd’s neck.
It’s unwise to label someone who doggedly abused the judicial system for years “great.” That’s particularly so given the absurdity of his claims. Still, his quest for celebrity was then limited to one slice of society. Unfortunately, Riches now seeks the spotlight using a worldwide stage.
[I]f someone hurts Trump in any way I will be an emotional mess.
Riches v. Trump, March 2016 (Riches’ last federal lawsuit)
(Originally posted at History of Yesterday)
Q Droppings
Nonbookish Linkage
- Who wouldda thunk? States with Republican governors had the highest COVID incidence and death rates
- Hating on double spacing after a period (I’m such a relic my thumb does it automatically)
- A 1664 cookbook was filled with anti-Oliver Cromwell propaganda even though he was dead
Bookish Linkage
The only thing more dangerous than an idea is a belief.
Sarah Vowell, The Wordy Shipmates
As noted in a prior post, sometimes litigants claim to be God. There’s one such lawsuit I didn’t mention in that post because it’s one of my favorites. And, once again, it’s from a Pennsylvania federal court.
“Joseph Mallon, God” filed 11 separate lawsuits in 1992. The defendants included Harvard Law School, the People of England, and “United States Presidency of George Bush.” The court’s initial explanation is perhaps a good start.
Summarizing Mr. Mallon’s complaints is difficult because there is no common factual thread running between them. A few general themes, however, can be detected. Mr. Mallon signs most of his complaints as “Honor Holiness God (Judge of God’s Court) President Joseph Mallon.” He claims to be the “possessor” of “a valid U.S. Presidency” and that various entities have refused to “regard” his presidency.
What interest me, though, was his obsession with Chrissie Hynde, the leader of the Pretenders. In his lawsuit. Mallon said Hynde was his wife, she was “not doing her part,” was “too far away,” and “didn’t communicate” with him. As a result, “I demand all that she is, and has, as a very minimum of at least that, and plus, I demand my children from her, too; in other words, I demand as compensation, all of my wife’s and our my children’s possessions, life, and even rights, and I have to own and possess all that is of my wife and children.”
To be thorough, Mallon also sued the Pretenders and Hynde’s parents. He claimed the band didn’t “deal with” a communication to them and injured him by moving to England. As for Hynde’s parents, he alleged they “cut off all postal service communication and telephone communication from me to Akron, Ohio,” and England, where Hynde was residing. He also said he sent a book he wrote to “his wife” by way of Akron but it was sent back without “being dealt with.”
Not surprisingly, the court said Mallon’s lawsuits were “quite devoid of any merit.” Moreover, it said, “To conclude that Mr. Mallon’s complaints are factually ‘fanciful’ is an understatement.” Not only did the judge dismiss them as frivolous, but he also entered an injunction barring Mallon from filing any documents with the court without the court’s prior approval. To obtain that approval, Mallon would have to certify specific factors about the filings.
Oh no, we’ll never
We’ll never be together
Never, never
We’ll never be together
Pretenders, “Never Be Together,” Alone
Adolph Hitler’s decision to invade the Soviet Union on June 22, 1941, is a key turning point in World War II. Called Operation Barbarossa, it caused millions of military and civilian casualties. Long before the military strategy was drawn up, though, Hitler made clear that one of his goals was exterminating wide swathes of Russian society.
Hitler’s enmity for the Soviet Union was long-standing. In his 1925 book, Mein Kampf, he called its leaders “the scum of humanity” and described Bolshevism as a “spawn of hell” and part of a Jewish plan for world domination. Hitler saw the signing of a German-Soviet nonaggression pact on August 23, 1939, as a temporary measure. A secret protocol in it split Poland between them and ensured Germany could invade Poland unopposed, which it did nine days later.
Yet, Hitler’s opinion of the Soviet Union hadn’t changed. One day before the agreement was signed, Hitler held a private conference with his military leaders. According to historian Alan Clark, Hitler told his generals that the pact “was meant only to stall for time” and, in time, “we will crush the Soviet Union.”
Gen. Franz Halder was the German Army Chief of Staff from September 1, 1938, until September 24, 1942. Hitler forced him to retire due to disagreements over military strategy and Halder would end up in Dachau after an attempted assassination of Hitler on July 20, 1944. While chief of staff, Halder kept a private journal that would be introduced into evidence at the Nuremberg Trials.
According to Halder’s journal, Hitler told a July 31, 1940, military conference, “The sooner Russia is crushed, the better off we shall be.” He instructed the military to begin planning for a May 1941 invasion. On December 18, 1940, Hitler issued Führer Directive No. 21, formally ordering that plans “to crush Soviet Russia in a rapid campaign” be completed by May 15, 1941. (Italics in original).
Documents introduced at the Nuremberg War Trials show that, on March 14, Hitler advised the armed forces that SS leader Heinrich Himmler would be “entrusted with special tasks” in areas taken by German troops. (Italics in original). Moreover, Himmler could “act independently” of the armed forces. Some insight into the SS’s ambit may have emerged in a meeting Halder had with Hitler three days later. According to his war journal, Hitler said Soviet intelligentsia “must be exterminated” and “force must be used in its most brutal form” throughout the country.
At the end of March, Hitler told military leaders that few rules would govern German forces in Soviet Russia. “This is a war of extermination,” Halder recorded Hitler as saying, so military commanders “must make the sacrifice of overcoming their personal scruples.” This is followed in the journal by the incongruous “Noon — All invited to lunch.”
Einsatzruppen soldiers executing Ukrainians
As the invasion approached, Hitler’s pronouncements were incorporated into formal strategy and planning documents. A May 11, 1941, directive from Gen. Georg-Hans Reinhardt to his Panzer tank forces said, ““The aim of this fight must be to smash the present Russia, and it must, therefore be conducted with utter ruthlessness. The complete merciless annihilation of the enemy must be the inflexible purpose of the planning and execution of every combat operation. In particular no mercy must be shown to the followers of the present Russian-Bolshevist system.”
Two days later, Hitler issued a top-secret decree on military jurisdiction in the Soviet Union “and special measures to be taken by the troops.” Soviet “guerrillas” were to be “ruthlessly liquidated by the troops.” Moreover, “all other attacks by enemy civilians on the armed forces … will be suppressed on the spot by the troops, using the most extreme methods, until the assailants are annihilated” (Italics in original).
Anyone suspected of an offense was to be brought before a German officer, who would decide if “they are to be shot” (Italics in original). Additionally, battalion commanders and above could authorize immediate “collective coercive measures” against localities from which German armed forces were attacked. (Italics in original)
Yet, the military wasn’t obligated to prosecute soldiers who committed offenses against Soviet citizens, even if they were crimes. Any tribunal that pursued charges was required to remember that Germany’s defeat in World War I, the suffering of its people, and opposition to Nazism “were caused primarily by Bolshevist influence and that no German has forgotten this.” Tribunals also were to exercise “[e]xtreme caution” in assessing the credibility of enemy civilians. (Italics in original)
The Army held a meeting in Warsaw on June 11 to explain the decree. Among other things, attendees were told to not “spare the bearer of enemy ideology, but kill him.” Additionally, any civilian who impeded or incited others to impede German troops was to be considered a guerrilla, even persons who distributed leaflets.
The week after the military jurisdiction decree, the German Army issued a top-secret “directive for the conduct” of its troops. The second paragraph advised, “This struggle demands ruthless and energetic measures against Bolshevist agitators, guerrillas, saboteurs, Jews, and the complete elimination of all active or passive resistance.” (Italics in original). They were warned the “Asiatic” Red Army soldiers were especially “unpredictable, insidious and callous.” They were also to remember that the Soviet Union was made up of “a multitude of Slav, Caucasian, and Asiatic peoples” who were “kept together by the power of the Bolshevist rulers” and that “Jewry is strongly represented.” (Italics in original).
On June 6, 1941, the Army issued a secret directive on the treatment of “political commissars.” These were Communist Party officials who oversaw military units, were responsible for political education, and reported directly to party leaders. The contents of the order were sensitive enough that the Armed Forces High Command distributed it only to commanders in chief of the armies, who were to “inform the other commanding generals and commanders by word of mouth.”
The sensitivity arose because the order it was “wrong” to treat commissars in accord with international laws. It reasoned that Soviet treatment of German prisoners of war “will be cruel, inhuman, and dictated by hate.” As a result, all political commissars captured during combat or while offering resistance “must, on principle, be shot immediately.” Any commissars who opposed German troops would fall under Hitler’s military jurisdiction decree, “even if they are only suspected of resistance, sabotage, or instigation thereto.”
Commissars in Soviet military units “will not be recognized as soldiers.” (Italics in original) The Geneva Convention regarding prisoners of war would not apply and, after being segregated from other prisoners, “they are to be liquidated.” Any commissars captured behind German lines were to be handed over to SS death squads.
German troops executing partisans
Even prisoners of war were at risk. The week before the invasion, the Army’s Prisoner-of-War Department issued a letter regarding the handling of POWs. It advised that “ruthless and energetic measures must be used at the slightest sign of resistance, especially against Bolshevist agitators. Complete elimination of any active or passive resistance!” [Sic] Any court proceedings against prisoners weren’t subject to the Geneva Convention, including provisions dealing with death sentences. “Strictest discipline” was to be enforced in POW camps. Conservative estimates say the Germans shot half a million Soviet prisoners of war and another 2.6 million died of starvation or mistreatment, according to historian Timothy Snyder’s book, Bloodlands: Europe Between Hitler and Stalin.
The Army wasn’t alone in planning death for Russians. On May 2, 1941, a meeting was held to develop a broad economic plan for the eastern areas the Nazis planned to occupy. Minutes of the meeting said in part:
1. The war can only be continued if all armed forces are fed by Russia in the third year of the war.
2. There is no doubt that as a result many millions of people will be starved to death if we take out of the country the things necessary for us.
Later that month a so-called “Hunger Plan” was reflected in a set of economic directives. It was equally blunt, saying, “Many tens of millions of people in this area will become redundant and will either die or have to emigrate to Siberia.” One of the primary tasks was to ensure that German troops were completely fed from the occupied territory.
These attitudes continued once the invasion began. Halder met with Hitler on July 6, 1941. According to his journal, “It is the Fuehrer’s firm decision to level Moscow and Leningrad, and make them uninhabitable, so as to relieve us of the necessity of having to feed the populations through the winter.” Hitler also said he didn’t want German troops quartered in Russian villages and towns once winter arrived “because we want to be able to bomb them at any time in the event of uprisings.” Later that month, Field Marshal Wilhelm Keitel, Germany’s highest-ranking military officer, supplemented a Führer Directive when he instructed the military to “maintain order, not by requesting reinforcements, but by employing suitably draconian methods.”
Reichmarshall Herman Göring was in charge of economic planning for the occupied territories. Notes of a September 1941 economic conference reflect an insistence that all food supplies for the troops “have to be furnished by the occupied territories themselves.”(Italics in original) As a result, the only people “to be supplied with an adequate amount of food [are those] who work for us.”
Yet, Hitler’s obsession with exploiting Russia’s agricultural resources may have led to a strategic blunder. By mid-July, two German Panzer tank groups were roughly 200 miles from Moscow. On July 19, though, Führer Directive No. 33 sent one north and the other to Ukraine. When military leaders questioned this, Hitler said Ukraine’s natural resources were a principal objective of the invasion.
Unidentified unit executing Soviet citizens
The attack on Moscow did not resume until October. However, Mother Nature became a factor. Rains created a sea of mud. The mud froze with the arrival of winter in November, by the end of the month, temperatures reached -40° F. Exhausted German troops also lacked sufficient winter clothing. By the time a December 5 Soviet counteroffensive forced the Germans to retreat, German soldiers reported more than 130,000 cases of frostbite.
It’s unlikely capturing Moscow in July would have ended the war. Still, with the Panzer support, an all-out attack on the city would have had an undeniable psychological and perhaps brought down the Soviet government.
Regardless, what stands out about the goals of the invasion is the focus on “Bolsheviks” or ordinary people. Jews were not specifically or exclusively the target. Still, the four Einsatzgruppen, SS mobile killing units, that followed the Army in the invasion for “special tasks” were lethal. Author Richard Rhodes says Einsatzgruppen records indicate they executed at least 738,827 Jewish men, women, and children during the Russian campaign. Yet, he believes even that figure is low.
Germany’s defeat meant the genocidal directives and the “Hunger Plan” never came to full fruition. Genocide doesn’t have a quantitative threshold, though. International law now asks if there’s an “intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
From the outset, the Soviet population was a primary target of the invasion. It’s estimated 20 million or more Soviet civilians died in the war, some 10 percent of the population. Is it necessary to create discrete category counts? In the end, there’s no question that hundreds of thousands of Jews, Ukrainians, Russians, Slavs, and others were the victims of planned mass murder.
It was the beginning of a premeditated genocide on a colossal scale. The population was divided into racial categories, with “undesirable” elements of “superfluous mouths” being left to starve or simply murdered.
Rolf-Dieter Müller, Hitler’s War in the East, 1941-1945: A Critical Assessment
(Originally posted on History of Yesterday)
Interesting Reading in the Interweb Tubez
Most Apt Comeuppance of the Week
Elitist Ass of the Week
Nonbookish Linkage
- Here’s a tool kit for discriminating among fringe ideas
- Film of the first black boxing champion winning a fight was banned (last week was the 50th anniversary of Miles Davis’s Jack Johnson)
Bookish Linkage
Human history becomes more and more a race between education and catastrophe.
H.G. Wells, The Outline of History
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Disclaimer
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