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Jones v. Dover Behavioral Health Systems

Superior Court of Delaware, Kent

August 9, 2017

MATTHEW JONES, Plaintiffs,
v.
DOVER BEHAVIORAL HEALTH SYSTEMS and DR. KHALED MIRZA, Defendants.

          Submitted: June 8, 2017

          ORDER

          NOEL EASON PRIMOS, JUDGE.

         Upon consideration of the complaint and motion to proceed in forma pauperis of Plaintiff Matthew Jones (hereinafter "Mr. Jones"), the Court finds as follows.

         Mr. Jones is suing Dover Behavioral Health and Dr. Khaled Mirza (hereinafter the "Defendants") alleging, inter alia, that the Defendants kidnapped him, assaulted him, stole his identity, held him against his will, and attempted to kill him. Although he is a private citizen, Mr. Jones's complaint cites and attempts to bring various state and federal criminal law claims. Mr. Jones claims "Two Billion United States Dollars" ($2, 000, 000, 000) in money damages.

         Included with his complaint is an application to proceed in forma pauperis. Mr. Jones submitted an affidavit establishing to the Court's satisfaction that he is indigent. Therefore, the Court grants Mr. Jones's application to proceed in forma pauperis.

         However, before Mr. Jones's case may proceed, the Court must also review the complaint, and if the complaint is deemed to be legally frivolous, factually frivolous, or malicious, the Court must dismiss it.[1] A claim is factually frivolous where the factual allegations are "baseless, of little or no weight, value or importance, [or] not worthy of serious attention or trivial."[2] A claim is legally frivolous where it is "based on an indisputably merit less legal theory."[3] A claim is malicious when "designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims."[4]

         The complaint alleges that various parties not named as defendants, including the "State Police, " the "Delaware Psychiatric Center, " and the "Judge and Court Clerk Personnel, " have committed numerous crimes such as murder and identity theft. Among the complaint's manifold allegations, those alleged to have been committed by the Defendants include: holding Mr. Jones against his will, forcing him into sexual slavery, treating him with "life threatening amounts" of various drugs, attacking him because of his ethnicity, diagnosing him with schizophrenia, and generally committing medical malpractice. As a result of the above wrongful acts, Mr. Jones claims he has contracted "several STDs" and suffers from brain damage, various internal injuries, and other wounds "that require surgery and immediate medical attention."

         The Court takes judicial notice that the Dover Behavioral Health System is a private psychiatric facility, and that Dr. Mirza is one of its staff psychiatrists.[5] The Court also notes that Mr. Jones has filed numerous claims relating to his mental health treatment, including previous claims against the Defendants. [6] Upon the Court's review, each prior claim Mr. Jones has filed in relation to his mental health treatment has been dismissed for being frivolous or otherwise failing to state claims upon which relief could be granted.

         Mr. Jones has previously sued the Defendants twice in the United States District Court for the District of Delaware, in both suits alleging that the Defendants held him against his will and injected him with lethal quantities of medication.[7] The District Court has dismissed Mr. Jones's complaints.[8] The claims Mr. Jones alleges here are virtually the same as certain claims he alleged in the United States District Court.

         It appears to the Court that Mr. Jones intends to use the legal system to lash out against and harass the Defendants, regardless of his claims' lack of legal merit. Mr. Jones has wasted this Court's and the State's resources by filing here claims previously received and dismissed as frivolous by various United States District Courts.[9] Appeals from two of these decisions were also dismissed by the Third Circuit Court of Appeals.[10]

         The Delaware Court of Chancery decided a similar case in Tillmon v. Snyder.[11] There, a plaintiffs complaint alleged that the defendants "fail[ed] to provide adequate medical care, and violat[ed] federal constitutional and statutory rights, " claims that plaintiff had already brought before a federal district court.[12] The Court of Chancery dismissed the claims pursuant to 19 Del. C. 8801(7), holding that "[p]laintiff wasted this court's and the State's resources by filing here claims already on file in the United States District Court (and now the Court of Appeals) alleging the same claims."[13]

         Upon this Court's review of Mr. Jones's previously dismissed claims against the Defendants in federal court and his claims here, the Court finds that the claims here are virtually the same as claims previously brought against the same parties, and allege causes of action arising from the same set of facts. The Court finds that Mr. Jones's complaint abuses the judicial process and is found to be malicious.

         Accordingly, Mr. Jones's complaint is DISMISSED with prejudice. Consequently, service of process shall not issue. To protect judicial resources, this Court enjoins Mr. Jones from filing future claims without leave of court. Pursuant to 10 Del. C. ยง 8803(e), ...


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