FROM THE ALOTT5MA ACCESS TO JUSTICE FILES: Every person, of course, deserves his or her day in court ... but first you have to survive Fed. R. Civ. P. 12(b)(6) (or its state-law equivalent) to demonstrate you've stated a claim upon which relief can be granted.
Meet Hubert Blackman, a college student from New York City, who on December 17, 2010 at 6:50 pm sought to experience the heights of Las Vegas private entertainment as only one can at the Stratosphere Hotel. He arranged with a local business to have a woman visit him to perform a dance for $155 and, for an extra $120, a sex act. As his pro se federal complaint alleges (thank you, 28 U.S.C. § 1332) and his interview with the press spells out in further detail, the gravamen of the complaint is that he thought he had contracted for an hour's worth of services, but the woman left after a half hour.
Blackman called the local business to demand a refund; they said no despite his protests that he was incapable of entering into an informed agreement on account of drunkitude. He then called the police; they explained to him that what he did remained illegal in Clark County and suggested he call the Better Business Bureau. He, instead, filed the complaint alleging "I just need medical treatment on mental condition: psycotic disorder" because "A excort had did an illegal sex act on me during her paid service to me [and] the excort had broke the law," and in his prayer for relief sought as follows: "I would like the court to close the business. I also would like to get my $275 payment back and a $1.8 million verdict for the tragic event that happened."
Others here, no doubt, can comment on the possibility for class action relief with regards to such complaints and the propriety of coupon settlements thereof; many here can criticize the grammar and spelling. I just want to know what kind of person is smart enough to file a federal complaint (faster process, if less plaintiff-friendly), but dumb enough to talk to the press about this one. (That said, isn't it worth it for the defendant to refund the money rather than defend this case?)
