Motion to Dismiss this Lawsuit … With Extreme Prejudice!

Item: Criminal brings lawsuit against John Q. Citizens for defending themselves.

Nonlawyers are quick to ask, “Can he really do that?!”

Let me attempt a quick answer:

Any person can sue any other person for anything. You can file a lawsuit against a newborn baby for “disturbing the peace” in a park. But there is a legal mechanism to dispose of meritless lawsuits without a trial or even a preliminary hearing–it’s called a motion to dismiss. And a motion to dismiss with prejudice will bar the litigant from bringing such an action again. When law students learn about the motion to dismiss with prejudice, their textbook should illustrate the concept by mentioning the case of the criminal who tried to sue his victims.

On the general subject of self-defense, we should all remember this gem from Colorado Sheriff Bill Masters: “It is your responsibility to protect yourself and your family from criminals. If you rely on the government for protection, you are going to be at least disappointed and at worst injured or killed.”

More on self-defense here. To listen to a talk that Masters gave at Cato, click here.