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Sunday, September 23, 2007

Apparently God won't risk a default judgment in Nebraska.


Nebraska State Senator Ernie Chambers, angry about frivolous lawsuits, in particular one recently filed against a Nebraska judge, has decided to make a point and simultaneously take legal action against the source of all his irritation, namely God.

Chambers is upset about a frivolous lawsuit against Lancaster County District Judge Jeffre Cheuvront. Cheuvront was in the news himself not long ago for granting a motion in limine to exclude the word "rape" from a rape trial. (He decided using that word would be unduly prejudicial.) The case ended in a mistrial, and the accuser in that case has sued Cheuvront, which is what Chambers is mad about.

Chambers called his lawsuit "appropriate," at least in comparison to the accuser's lawsuit. "People might call it frivolous," he said, "but if they read it they'll see there are very serious issues I have raised."

In the complaint, Chambers accuses God of making "terroristic threats" and of directly and proximately causing "fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornadoes," and other sundry disasters and impediments to mankind's peaceful enjoyment of God's other creations.

Chambers asks the court to waive the personal-service requirement on the grounds that Defendant and His agents are present throughout Douglas County, but Plaintiff cannot determine which agent to properly serve. He says he has tried to serve Defendant by publication to no avail. (Does any newspaper circulate in heaven? On second thought, the New York Times probably claims subscribers there.) The court was therefore asked to take judicial notice of the fact that Defendant is omnipresent and omniscient, and thus has actual notice of the suit.

Chambers seeks a permanent injunction against God.

What Senator Chambers, who is an agnostic, probably didn't expect was that God would file a responsive pleading. In fact, He seems to have filed two of them.

A special appearance was filed on behalf of God to contest jurisdiction, noting that God had not been properly served with the complaint. (In other words, omniscience does not equal personal service.) The pleading turns out to have been filed by a Corpus Christi (seems appropriate) lawyer named Eric Perkins. While the response is based on the alleged lack of jurisdiction, it also takes the opportunity to deny the allegation that God has caused extensive injury to mankind. According to Perkins, his Client "contends that any harm or injury suffered is a direct and proximate result of mankind ignoring obvious warnings." (Mr. Perkins clearly has never practiced in California if he thinks "ignoring obvious warnings" is a defense to liability.)

As it turns out, though, Perkins' response was not the only one filed on behalf of God last week. The clerk of the Douglas County Court said that another response, this one listing the Archangel Michael as a witness, "appeared" on the counter at the clerk's office Friday.

It appears that God is putting together a defense team.

Thanks to Above the Law for the tip.

2 comments:

Unknown said...

You posted:

"Chambers is upset about a frivolous lawsuit against Lancaster County District Judge Jeffre Cheuvront."

So, your stand is that the lawsuit (or complaints) against Chauvront are "frivolous" ... ???

Have Opinion Will Travel said...

Hardly. You may not have noticed that words you quote were actually a link to an AP story which asserted that Chamders regarded it as "frivolous".

I express no opinion on the merits of pending litigation.