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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

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Prisoner Unsuccessfully Sued Thanksgiving, Cleveland Indians

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | November 23, 2009 - 10:15

Thanks to Cleveland-Marshall alumna, Jessica Greathouse, who brought this case to our attention.

A federal prisoner sued Thanksgiving, Pilgrims, Mayflower Movers, Pilgrim Pride, Turkey Hill, Black Friday, Corn on the Cob and the Cleveland Indians based upon 42 USC 1983. see Riches v. Thanksgiving 2007 WL 4591385, (N.D.Cal.,2007).

"Plaintiff states that the Thanksgiving holidays “offend[ ]” him. He alleges his Sixth Amendment rights are being violated because he cannot spend the holidays with his friends and family. He further alleges that “defendants are responsible for higher traffic, that they are “conspiring with the oil companies to drive up gas prices,” and that Thanksgiving is “responsible for his mistreatment.” He also claims that “Defendants are in violation of separation of church and state.” Plaintiff seeks 100 million dollars in damages, and for a restraining order against the celebration of the Thanksgiving holidays."

Id. at 1.

The court did not grant the restraining order to stop the Thanksgiving holidays. The case was dismissed because,

"The defendants named by plaintiff appear to be various private food companies, a baseball team, a holiday, and the day after Thanksgiving. To the extent any of these defendants are actual entities that may be sued, they are private organizations that do not act under color of state law, an essential element of a § 1983 action."

Id. at 1.

Have a great Thanksgiving, everybody!


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