As many of you know, Sid Harr is a perpetual litigant when it comes to Duke University. He has now sued them twice over the same incident where he was told to leave campus. He lost the first time because he didn't have a legal theory to support his rather absurd claim. He later published a tape recording of the incident which made Duke look reasonable. Never one to be deterred, he sued them again using the same theory that the United States Supreme Court found to be without merit. Of course, you can't do that under our law, or anyone else's for that matter. Sid, never one to let the law or the facts stand in his way did file again. And, as you might imagine, he lost in the U.S. District Court. Of course he appealed. But, this time he was late with his filing. The 4th Circuit denied his appeal on the grounds that he was late in filing and he'd had his opportunity to fully litigate once and already lost. So, what does Sid do? He asks the 4th Circuit to review the case en banc! Here's Sid's petition.
It makes for humorous reading if not particularly enlightening reading. Sid entitles his reasons as "exceptional" thus commanding the full court's attention. First, he confuses state and federal court. And then he ignores the well settled law surrounding FRCP 12(b)(6). Without citing to authority, he tries to raise the fact that Professor Mike Adams was ultimately granted a trial after the District Court dismissed his case under FRCP 12(b)(6) as a reason the 4th Circuit should do the same for him. As usual, Sid demonstrates a complete lack of understanding of the law. He simply wants a jury trial because Mike Adams got one.
Once he's finished with Adams, Sid decides to insult a sitting District Court Judge and Magistrate, without any proof what so ever. I think Sid's paranoia is getting in the way of his ability to reason. This part of the petition is not funny, it is just sad and mean.
Of course, Sid has to complain about his being denied access to the District Court's law library. What he ignores is he can go to the NCCU law library and look at all the materials he wants. Of course letting Sid in a law library would be a waste of resources as he never pays attention to the law.
Finished with his complaints about the law library situation, Sid decides it's a good idea to engage in a few more gratuitous insults directed at the District Court Judges and Magistrates. Again, very mean spirited. Finally, Sid closes with his theory that everyone, including the media is involved in a conspiracy against him and Crystal Mangum.
Sid and Duke deserve this perpetual litigation. But, the judges and magistrates don't, neither do the taxpayers of North Carolina. The 4th Circuit will dispatch his petition because the court below was correct that he filed late. And, the three judge panel that ruled so, is also correct.
Walt-in-Durham
