You can at least try to. This guy thought it a good idea. He isn't a nut job either (Well, okay, he is a nut job, but he is an educated one). He is a state senator from Nebraska and he is trying to make a point that every case should have its day in court.
Chambers' may appeal after his suit against God is tossed out
BY CHRISTOPHER BURBACH
WORLD-HERALD STAFF WRITER
You can't sue God if you can't serve the papers on him, a Douglas County District Court judge has ruled in Omaha.
Judge Marlon Polk threw out Nebraska Sen. Ernie Chambers' lawsuit against the Almighty, saying there was no evidence that the defendant had been served. What's more, Polk found "there can never be service effectuated on the named defendant."
Chambers had sued God in September 2007, seeking a permanent injunction to prevent God from committing acts of violence such as earthquakes and tornadoes.
The senator said today that he is considering an appeal of Polk's ruling.
"It is a thoughtful, well-written opinion," Chambers said. "However, like any prudent litigator, I want to study it in detail before I determine what my next course of action will be."
Polk dismissed the lawsuit with prejudice, which means it can't be refiled. But his ruling can be appealed.
Although the case may seem superfluous and even scandalous to others, Chambers has said his point is to focus on the question of whether certain lawsuits should be prohibited.
"Nobody should stand at the courthouse door to predetermine who has access to the courts," he said. "My point is that anyone can sue anyone else, even God."
Chambers, a political independent who has served in the Nebraska Legislature for 38 years, said he decided to make that point after at least two attempts by other senators in the Legislature to limit "frivolous lawsuits."
"I was able to fend them off," Chambers said. "A lawsuit is not frivolous until a court declares it so."
The senator did have a day in court on the case. In August, he argued that Polk should take judicial notice of the existence of God. The senator cited the facts that U.S. currency says "In God We Trust," God is invoked during oaths in court hearings, and chaplains offer prayers before legislative bodies.
"If God is omnipresent," Chambers said in that August hearing, "then he is here in Douglas County and in this courtroom."
Polk was not persuaded.
His Tuesday ruling said Chambers' motion to take judicial notice of God "is denied as moot."
8 comments:
Lay off the crack Senator!
The real question is: would the Nebraska court have personal jurisdiction over God? If he is omnipresent, then I guess you could say he has some contacts with the state. I doubt God is a citizen there or would be considered to be domiciled there (there is a temple there, but that is irrelevant here), so the question is: are his contacts with the state sufficient? I would argue no. God has not taken advantage of the laws and protections of NE. Therefore, there can be no personal jurisdiction. Thus, no lawsuit. Sorry Senator. You lose.
I know only Dale will understand any of that, but it was fun.
What is fun is to think that I have a son and two son-in-laws that are going to be lawyers. Is this what you will be spending your time on? Really? Does this senetor really think he has a case? Come on!!!! And to think these people are voted in. What a waste of time and money. Your right Scott, it was fun - - but you got me worked up momentarily.
Scott: I was impressed with your response.
My goal in life is to avoid being sued or feeling like I have to sue.
Aunt Beth
Hey, I understood what you said Scott. Just because we aren't cool like you and Dale and attending law school... :)
Well, let me clarify. Understanding what I wrote is not super difficult. Understanding the legal doctrines and implications behind it is another matter. Obviously, unless you've attended law school you probably won't know how personal jurisdiction works. I certainly didn't before I came here.
Scott, let me just say I was pleased that I could understand what you were saying. Personal jurisdiction was kind of tough on me. Kind of one of those things where they try and make you drink out a fire hydrant. I would have to say though that you could make the argument that God made the laws of the land (at least had a hand in the Constitution) and so he benefits from that. And I would argue that his contacts with that state are sufficient. You have him blessing people's lives and then you also have the natural disasters that happen in Nebraska that you could attribute to God. It's fun to think about anyway.
I concur with Dale... court retains jurisdiction.
I wonder what kind of Judgement the Plaintiff was looking to receive?
But I mean, I wouldn't call this guy intelligent... legal proceedings 101: you have to serve the other party! Maybe he thought he could get court approval to attach Complaint and Summons to a dove and send it on a wing and prayer?
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