United States District Court, D. Delaware
Thomas Kennedy, Breinigsville, Pennsylvania. Pro Se
ANDREWS, U.S. District Judge.
Edward Thomas Kennedy proceeds pro se and has been
granted leave to proceed in forma pauperis. This
original Complaint was dismissed on November 27, 2018,
without prejudice for want of jurisdiction and for failure to
state claims upon which relief may be granted pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii). Plaintiff was given leave to
amend. The Amended Complaint, filed January 4, 2019;: invokes
the jurisdiction of this Court by reason of diversity of
citizenship of the parties. (D.I.13). It also raises a
federal question. (Id.). The Court proceeds to
review and screen the Amended Complaint pursuant to 28 U.S.C.
a resident of the Commonwealth of Pennsylvania, has sued
AT&T, its chief executive officer, general counsel, and
chief financial officer. The Amended Complaint contains nine
counts, titled as follows: Count One, Trespass; Count Two,
RICO; Count Three, Trespass on the Case Vicarious Liability;
Count Four, Failure to Provide a Republican Form of
Government; Count Five, Action of Trover; Count Six,
Intentional Infliction of Emotional Distress; Count Seven,
Breach of Contract; Count Eight, Fraud Material Omission; and
Count Ten, Violation of Whistleblower Retaliation
Amended Complaint is very similar to the original complaint
with the exception of the RICO count and the omission of
claims for trespass on the case and defamation. New
allegations include that in 1983 in San Francisco, Plaintiff
was first damaged by AT&T by his male boss for not being
a homosexual. (Id. at 4). Plaintiff alleges that
Pacific Telesis CEO Samuel Ginn damaged and injured him by
"constructive discharge and employment
blacklisting," that Ginn retaliated against Plaintiff
and "stole cellular telephone technology, cellular
hardware and regulated monopoly Pacific Bell," and that
Ginn is a "traitor to the United States in support of
the British crown." (Id.).
Two, the RICO Count, alleges that Defendants systematically
and continuously, over the last ten years, conducted a
corrupt enterprise in violation of RICO, with all acts
continuing in nature. (Id. at 6) The Amended
Complaint alleges that "Stephenson misstated,
misinformed and filed fake financial records on government
websites, supported by self-authenticating digital
evidence," and AT&T CEO Stephenson used
"alternative metrics to avoid generally accepted
accounting principles." (Id.).
once again alleges the following: Each Defendant "either
directly, through an agent, or in concert with another
[caused him] to be unlawfully injured against his will."
(D.I. 13 at 3). From the moment he was harmed, until present,
he was kept in "constructive financial
imprisonment." (Id. at 4). Defendants caused
his "unlawful loss of liberty [and affected] his good
reputation, and his ability to earn a living."
(Id. at 5). Defendants lied, misled, misconstrued,
misrepresented, and filed false paperwork on reports to
federal agencies, commissions and agents of the U.S.
government. (Id. at 6).
and Federal agencies "deregulated regulated inside wire
assets of AT&T, Inc., through firewalls, but/and
neglected to enforce their rules for 40 years," which
allowed Ginn and Stephenson "to steal assets and/or cash
from we the people for personal financial gain."
(Id. at 8). Plaintiff complained to Ginn, who
retaliated, injured and damaged Plaintiff, breached
Plaintiffs "contract promise of a career," damaged
his good name, and "obstructed his ability to earn a
living in violation of whistleblower retaliation
and AT&T stole his trade secrets. (Id. at 9).
AT&T promised him a career and job security after legal
and ethical violations by its corporate officers.
(Id.). Ginn breached the contract, stole Plaintiffs
trade secrets, and forced Plaintiff into "mind control
torture or so-called 'Krone Training,' and/or
'Kroning' and/or 'leadership
development'" that caused his emotional distress.
(Id.). Plaintiffs family name -Kennedy - was stolen
without permission or authority, and Plaintiff explains he is
part of the "Kennedy family bloodline with common law
copyright of the name Kennedy for thousands of years."
and AT&T breached the contract concerning Plaintiffs
career. (Id. at 10). Defendants injured him by
fraud. (Id. at 10-11). All individual directors
violated whistleblower retaliation provisions. (Id.
seeks compensatory and punitive damages as well as
declaratory and injunctive relief.
federal court may properly dismiss an action sua
sponte under the screening provisions of 28 U.S.C.
§ 1915(e)(2)(B) if "the action is frivolous or
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune from such relief." Ball v. Famiglio, 726
F.3d 448, 452 (3d Cir. 2013); see also 28 U.S.C.
§ 1915(e)(2) (in forma pauperis actions). The
Court must accept all factual allegations in a complaint as
true and ...