David Schied, Sui Juris, a Totally and Permanently Disabled Quad-Amputee v....
David Schied, Sui Juris, a Totally and Permanently Disabled Quad-Amputee v....
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
DAVID SCHIED, SUI JURIS, A TOTALLY 5:25-CV-05101-CCT
AND PERMANENTLY DISABLED
QUAD-AMPUTEE,
Plaintiff, ORDER DISMISSING AMENDED
COMPLAINT FOR FAILURE TO
STATE A CLAIM UPON WHICH
vs. RELIEF CAN BE GRANTED
KAREN MARTIN, IN HER PERSONAL
CAPACITY AND PUBLIC CAPACITY AS
A CORRUPT AND DISCRIMINATING
OUT OF-STATE HUD COMPLIANCE
OFFICER, ENGAGED IN RICO
ACTIVITIES WITH HIGHLAND
PROPERTY MANAGEMENT, INC.
(“HPMI”) AND SUMMIT MANAGEMENT
GROUP, INC. (“SMGI”); ROBYN
BEADLES, IN HER PERSONAL
CAPACITY AND PUBLIC CAPACITY AS
A CORRUPT (AND DISCRIMINATING)
OUT-OF-STATE HIGHLAND PROPERTY
MANAGEMENT, INC. (“HPMI”)
REGIONAL MANAGER ENGAGED IN
RICO ACTIVITIES; ANGELA FOSTER,
IN HER PUBLIC CAPACITY AS AN IN-
STATE HIGHLAND PROPERTY
MANAGEMENT, INC. (“HPMI”)
APARTMENT MANAGER IN
(POTENTIALLY HOSTILE) WITNESS OF
THE CORRUPT (AND
DISCRIMINATING) RICO ACTIVITIES;
SCOTT G. LONG, IN HIS PERSONAL
AND PUBLIC CAPACITY AS PRESIDENT
OF HIGHLAND PROPERTY
MANAGEMENT, INC. (“HPMI”), A
CORPORATE FICTION OPERATING BY
FRAUD AND MULTI-TIERED AND
MULTI-JURISDICTIONAL
RACKETEERING BY PATTERN IN
PRACTICE UNDER HIS LEADERSHIP;
HIGHLAND PROPERTY
MANAGEMENT, INC., (“HPMI”) A
QUASI-GOVERNMENTAL HUD
CONTRACTOR CORRUPTLY AND
DISCRIMINATINGLY MISMANAGING
THE LOW INCOME HOUSING TAX
CREDIT (HUD PROGRAM) BY FRAUD
AND MULTI-TIERED AND MULTI-
JURISDICTIONAL RACKETEERING BY
PATTERN IN PRACTICE; SUMMIT
MANAGEMENT GROUP, INC., (“SMGI”)
A QUASI-GOVERNMENTAL HUD
CONTRACTOR CORRUPTLY AND
DISCRIMINATINGLY MISMANAGING
THE LOW INCOME HOUSING TAX
CREDIT (HUD PROGRAM) BY FRAUD
AND MULTI-TIERED AND MULTI-
JURISDICTIONAL RACKETEERING BY
PATTERN IN PRACTICE; UNKNOWN
DOE, AS 3RD PARTY HUD
COMPLIANCE COMPANY HIRED AND
PAID BY HPMI AND SMGI; TY M.
DALY, IN HIS PERSONAL CAPACITY
AND CORPORATE CAPACITY AS A
LYNN JACKSON ATTORNEY
PARTNERED CORRUPTLY AND
DISCRIMINATINGLY WITH HPMI AND
SMGI IN RICO ACTIVITY AND
DOMESTIC TERRORISM; LYNN,
JACKSON, SCHULZ & LEBRUN, P.C.,
(“LJSLPC”), A GOVERNMENT
LICENSED PRIVATE CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH HPMI AND SMGI IN
RICO ACTIVITY; JAMES EDWARDS, IN
HIS PERSONAL CAPACITY AND
CORPORATE CAPACITY AS A PARTNER
CORRUPTLY AND DISCRIMINATINGLY
WITH HPMI AND SMGI IN RICO
ACTIVITY AND DOMESTIC
TERRORISM; STEVENS, EDWARDS, &
HALLOCK, P. C., A GOVERNMENT
LICENSED PRIVATE CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH HPMI AND SMGI IN
RICO ACTIVITY; LORI HOPPE, IN HER
PERSONAL CAPACITY AND PUBLIC
CAPACITY AS A QUASI-
GOVERNMENTAL HUD CONTRACTOR
AND SECTION-8 HUD HOUSING
EXECUTIVE DIRECTOR, CORRUPTLY
(AND DISCRIMINATINGLY) OPERATING
A SECTION-8 HUD HOUSING
(PROGRAM) FOR “MBLCHRC” (BELOW)
IN PARTNERSHIP WITH HPMI TO
FOSTER RICO ACTIVITY AND FRAUD
UPON AMERICAN TAXPAYERS
WITHOUT TRANSPARENCY; BETH
PLEGGEMEYER-WHEELER, IN HER
PERSONAL CAPACITY AND PUBLIC
CAPACITY AS SECTION-8 HUD
HOUSING COORDINATOR CORRUPTLY
AND DISCRIMINATINGLY OPERATING
A SECTION-8 HUD HOUSING
(PROGRAM) FOR “MBLCHRC” (BELOW)
IN PARTNERSHIP WITH HPMI TO
FOSTER RICO ACTIVITY AND FRAUD
UPON AMERICAN TAXPAYERS
WITHOUT TRANSPARENCY; MEADE-
BUTTE-LAWRENCE COUNTY
HOUSING AND REDEVELOPMENT
COMMISSION (“MBLCHRC”), A QUASI-
GOVERNMENTAL HUD CONTRACTOR
CORRUPTLY (AND
DISCRIMINATINGLY) OPERATING A
SECTION-8 HUD HOUSING
(PROGRAM) FOR “MBLCHRC” (BELOW)
IN PARTNERSHIP WITH HPMI TO
FOSTER RICO ACTIVITY AND FRAUD
UPON AMERICAN TAXPAYERS
WITHOUT TRANSPARENCY; N. DREW
SKJOLDAL, IN HIS PERSONAL
CAPACITY AND CORPORATE
CAPACITY AS PARTNER TO NIES,
KARRAS, SKJOLDOL, P.C. (“NKSPC”),
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH MBLCHRC HPMI
AND SMGI IN RICO ACTIVITY AND
DOMESTIC TERRORISM; NIES,
KARRAS, SKJODOL, P.C., (“NKSPC”) A
GOVERNMENT LICENSED PRIVATE
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY PARTNERED
WITH MBLCHRC HPMI AND SMGI IN
RICO ACTIVITY AND DOMESTIC
TERRORISM; ROGER JACOBS, IN HIS
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS HUD'S S.D. FIELD
OFFICE DIRECTOR CORRUPTLY AND
DISCRIMINATINGLY OVERSEEING
THE RICO ACTIVITY AND DOMESTIC
TERRORISM OF MBLCHRC, WHILE
ALSO PARTNERED WITH HUD'S
“OFHEO” AT THE SECONDARY LEVEL
OF RICO COVER-UPS OF FRAUD,
WASTE AND ABUSE UPON AMERICAN
TAXPAYERS; MATTHEW CERNY, IN
HIS PRIVATE CAPACITY AND PUBLIC
CAPACITY AS HUD'S; ORLANDO O.
LOPEZ, IN HIS PRIVATE CAPACITY
AND PUBLIC CAPACITY OPERATING
CORRUPTLY (AND
DISCRIMINATINGLY) AS A HUD FAIR
HOUSING INVESTIGATOR; (HUD'S)
OFFICE OF FAIR HOUSING AND
EQUAL OPPORTUNITY, (“OFHEO”), A
GOVERNMENT LICENSED QUASI-
GOVERNMENTAL CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH MBLCHRC AND
ROGER JACOB AT THE SECONDARY
LEVEL OF RICO COVER-UPS OF
FRAUD, WASTE AND ABUSE UPON
AMERICAN TAXPAYERS; HUD OFFICE
OF THE INSPECTOR GENERAL
(“OIG”), A GOVERNMENT
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY ENGAGED IN
SECONDARY LEVEL OF RICO COVER-
UPS OF FRAUD, WASTE AND ABUSE
UPON AMERICAN TAXPAYERS; SCOTT
TURNER, IN HIS PUBLIC CAPACITY AS
THE U.S. PRESIDENT DONALD
TRUMP'S SECRETARY FOR HUD,
BEING ENGAGED THROUGH HIS
SUBORDINATE FIDUCIARIES AND
FUNCTIONARIES IN SECONDARY
LEVEL OF RICO COVER-UPS OF
FRAUD, WASTE AND ABUSE UPON
AMERICAN TAXPAYERS; UNITED
STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (“HUD”),
A GOVERNMENTAL CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH MBLCHRC AND
ROGER JACOB AT THE SECONDARY
LEVEL OF RICO COVER-UPS OF
FRAUD, WASTE AND ABUSE UPON
AMERICAN TAXPAYERS; SOUTH
DAKOTA HOUSING DEVELOPMENT
AUTHORITY, (“SDHDA”), A
GOVERNMENT OR QUASI-
GOVERNMENTAL CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
PARTNERED WITH THE STATE
AND/OR FEDERAL GOVERNMENT(S)
AT THE SECONDARY LEVEL OF RICO
COVER-UPS OF FRAUD, WASTE AND
ABUSE UPON AMERICAN TAXPAYERS;
LORRAINE POLLACK, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS HUD'S FORMER
EXECUTIVE DIRECTOR FOR THE
SDHDA (NOW UNDER EMPLOY OF
THE USDA); MURL WOODS, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS A CORRUPT AND
DISCRIMINATING STAFF ATTORNEY
AT DPLS, OPERATING ALSO IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; DAKOTA
PLAINS LEGAL SERVICES, (“DPLS”), A
GOVERNMENT LICENSED QUASI-
GOVERNMENTAL CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE UPON THE U.S. CONGRESS
AND THE AMERICAN TAXPAYERS
UNDER THE OVERSEEING
AUTHORITY OF THE “LSC” (BELOW);
EUGENE YUK, IN HIS PRIVATE
CAPACITY AND PUBLIC CAPACITY AS
PROGRAM COUNSELOR FOR THE
(LSC'S) OFFICE OF COMPLIANCE AND
ENFORCEMENT (“OCE”) OPERATING
CORRUPTLY AND DISCRIMINATINGLY
IN FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS UNDER THE
OVERSEEING AUTHORITY OF THE
“LSC” (BELOW); (“LSC'S”) OFFICE OF
COMPLIANCE AND ENFORCEMENT
(“OCE”), A GOVERNMENT LICENSED
QUASI-GOVERNMENTAL
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY OPERATING IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS UNDER THE
OVERSEEING AUTHORITY OF THE
“LSC” (BELOW); LEGAL SERVICES
CORPORATION, (“LSC”), A
GOVERNMENT LICENSED
GOVERNMENTAL CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE UPON THE U.S. CONGRESS
AND THE AMERICAN TAXPAYERS;
ROXANNE CARUSO, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING CORRUPTLY AND
DISCRIMINATINGLY AS (“LSC'S”)
ASSISTANT INSPECTOR GENERAL
FOR AUDIT; CAROL BERGMAN, IN
HER PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING CORRUPTLY
AND DISCRIMINATINGLY AS (“LSC'S”)
VICE PRESIDENT FOR GOVERNMENT
RELATIONS AND PUBLIC AFFAIRS;
UNITED STATES OF AMERICA, A
GOVERNMENT CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE AGAINST THE SPIRIT AS WELL
AS THE LETTER OF THE LAWS
INSTITUTED BY THE THE U.S.
CONGRESS AND THE AMERICAN
TAXPAYERS; DONALD TRUMP, IN HIS
PUBLIC CAPACITY OF FORMER AND
CURRENT U.S. PRESIDENT
OVERSEEING THE EXECUTIVE
BRANCH STILL FROTH WITH
MULTIPLE TIERS OF FRAUD, WASTE,
AND ABUSE OF TAXPAYER FUNDING
FOR THE VARIED DEPARTMENTS,
BUREAUS, DIVISIONS, SECTIONS,
UNITS, OFFICES, AGENCIES, ETC
OTHERWISE UNDER FIDUCIARY
TRUSTS IN CONTRACTED SERVICE TO
THE SOVEREIGN AMERICAN PEOPLE;
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES “DHHS”, A
GOVERNMENT CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE UPON THE U.S. CONGRESS
AND THE AMERICAN TAXPAYERS;
ROBERT F. KENNEDY, IN HIS PUBLIC
CAPACITY AS U.S. PRESIDENT'S
SECRETARY FOR THE DHHS OF THE
TRUMP ADMINISTRATION; CENTERS
FOR MEDICARE AND MEDICAID
SERVICES, A GOVERNMENT
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY OPERATING IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; DR. MEHMET
OZ, IN HIS PUBLIC CAPACITY AS CMS
ADMINISTRATOR FOR THE DHHS OF
TRUMP ADMINISTRATION; SOCIAL
SECURITY ADMINISTRATION, (“SSA”),
A GOVERNMENT CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE UPON THE U.S. CONGRESS
AND THE AMERICAN TAXPAYERS;
FRANK BISIGNANO, IN HIS PUBLIC
CAPACITY AS SSA COMMISSIONER
AND CEO OF THE IRS FOR THE
TRUMP ADMINISTRATION; MARTIN
O'MALLEY, IN HIS PRIVATE CAPACITY
AND HIS PUBLIC CAPACITY AS THE
FORMER SSA COMMISSIONER; U.S.
DEPARTMENT OF TREASURY, A
GOVERNMENT CORPORATION
CORRUPTLY AND DISCRIMINATINGLY
OPERATING IN FRAUD, WASTE AND
ABUSE UPON THE U.S. CONGRESS
AND THE AMERICAN TAXPAYERS;
SCOTT BESSENT, IN HIS PUBLIC
CAPACITY AS SECRETARY TO THE
U.S. PRESIDENT FOR THE U.S.
DEPARTMENT OF TREASURY AND
THE COMMISSIONER OF THE
INTERNAL REVENUE SERVICE;
INTERNAL REVENUE SERVICE, A
BUREAU WITHIN THE U.S.
DEPARTMENT OF TREASURY
RESPONSIBLE FOR VERIFYING
ELIGIBILITY FOR TAXATION WAIVERS
BASED UPON FACTS; U.S.
DEPARTMENT OF GOVERNMENT
EFFICIENCY, (“DOGE”), A
GOVERNMENT CORPORATION
DISCRIMINATINGLY OPERATING TO
DISREGARD CERTAIN REPORTS OF
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS;
GOVERNMENT ACCOUNTABILITY
OFFICE, (“GAO”). A GOVERNMENT
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY OPERATING IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; U.S.
DEPARTMENT OF JUSTICE, A
WEAPONIZED GOVERNMENT
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY OPERATING IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; PAM BONDI,
IN HER PUBLIC CAPACITY AS U.S.
ATTORNEY GENERAL
DISCRIMINATINGLY OPERATING TO
DISREGARD CIVIL RIGHTS
DISCRIMINATION COMPLAINTS, AS
WELL AS CERTAIN COMPLAINTS
ABOUT FRAUD, WASTE AND ABUSE
UPON THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; FEDERAL
BUREAU OF INVESTIGATION, A
WEAPONIZED GOVERNMENT
CORPORATION CORRUPTLY AND
DISCRIMINATINGLY OPERATING IN
FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS; KASH PATEL,
IN HIS PUBLIC CAPACITY AS FBI
DIRECTOR DISCRIMINATINGLY
OPERATING TO DISREGARD CIVIL
RIGHTS DISCRIMINATION
COMPLAINTS, AS WELL AS CERTAIN
COMPLAINTS ABOUT FRAUD, WASTE
AND ABUSE UPON THE U.S.
CONGRESS AND THE AMERICAN
TAXPAYERS; MERRICK GARLAND, IN
HIS PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING CORRUPTLY
AND DISCRIMINATINGLY AS U.S.
ATTORNEY GENERAL; ALISON
RAMSDELL, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING CORRUPTLY AND
DISCRIMINATINGLY AS U.S.
ATTORNEY FOR THE DISTRICT OF
SOUTH DAKOTA; BEN PATTERSON, IN
HIS PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING CORRUPTLY
AND DISCRIMINATINGLY AS
ASSISTANT U.S. ATTORNEY FOR THE
DISTRICT OF SOUTH DAKOTA;
ROBERTO LANGE, IN HIS PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING CORRUPTLY AND
DISCRIMINATINGLY AS CHIEF JUDGE
FOR THE USDC-SD; LAWRENCE
PIERSOL, IN HIS PRIVATE CAPACITY
AND PUBLIC CAPACITY OPERATING
CORRUPTLY AND DISCRIMINATINGLY
AS FEDERAL JUDGE WITH INACTIVE
SENIOR STATUS AS FORMER
PRESIDENT AND BOARD OF
DIRECTORS MEMBER OF THE
FEDERAL JUDGES ASSOCIATION, A
MEMBER OF THE UN'S
INTERNATIONAL ASSOCIATION OF
JUDGES OPERATING UNDER
FOREIGN POWER AND OPERATING
UNDER A FOREIGN CONSTITUTION;
U.S. DISTRICT COURT FOR THE
DISTRICT OF SOUTH DAKOTA,
(“USDC-SD”), A GOVERNMENT
CORPORATION OPERATING
CORRUPTLY AND DISCRIMINATINGLY;
STATE OF SOUTH DAKOTA, (A.K.A.
“THE STATE” AND/OR THE “STATE”) A
WEAPONIZED GOVERNMENT
CORPORATION OPERATING
OPERATING CORRUPTLY AND
DISCRIMINATINGLY IN FRAUD, WASTE
AND ABUSE UPON THE U.S.
CONGRESS AND THE AMERICAN
TAXPAYERS; DEPARTMENT OF
SOCIAL SERVICES, (“DSS”) A
WEAPONIZED GOVERNMENT
CORPORATION OPERATING
CORRUPTLY AND DISCRIMINATINGLY
IN FRAUD, WASTE AND ABUSE UPON
THE U.S. CONGRESS AND THE
AMERICAN TAXPAYERS;
DEPARTMENT OF HUMAN SERVICES,
(“DHS”) A WEAPONIZED
GOVERNMENT CORPORATION
OPERATING OPERATING CORRUPTLY
AND DISCRIMINATINGLY IN FRAUD,
WASTE AND ABUSE UPON THE U.S.
CONGRESS AND THE AMERICAN
TAXPAYERS; KRISTI NOEM, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING CORRUPTLY AS
FORMER SOUTH DAKOTA GOVERNOR
OVERSEEING FEDERAL FUNDS
DISBURSEMENTS AND PROGRAM
OPERATIONS OF STATE MEDICAID
PROGRAMS OPERATING CORRUPTLY
(AND DISCRIMINATINGLY) IN FRAUD,
WASTE, AND ABUSE OF TAXPAYER
FUNDS; MARTY JACKLEY, IN HIS
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS SOUTH DAKOTA
ATTORNEY GENERAL (“AG”);
OPERATING CORRUPTLY (AND
DISCRIMINATINGLY) IN FRAUD,
WASTE, AND ABUSE OF TAXPAYER
FUNDS OTHERWISE DEDICATES
TOWARD INVESTIGATING AND
PROSECUTING REPORTS OF
MEDICAID FRAUS, STATUTORY
WHISTLEBLOWER CRIMES, AND
CONSTITUTIONAL VIOLATIONS
REFUSING TO PROTECT CRIME
VICTIMS; RIGHTS; STEVEN JENSEN,
IN HIS PRIVATE CAPACITY AND
PUBLIC CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS CHIEF JUSTICE OF THE UNIFIED
JUDICIAL SYSTEM OF SOUTH
DAKOTA REFUSING TO PROTECT
CRIME VICTIMS' RIGHTS; SHIRLEY
JAMESON-FERGEL, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING DISCRIMINATINGLY AND
CORRUPTLY AS CLERK OF THE
COURT FOR THE SOUTH DAKOTA
SUPREME COURT AND STEVEN
JENSEN; ERIC STRAWN, IN HIS
PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS 4TH CIRCUIT COURT JUDGE;
CAROL LATUSECK, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING DISCRIMINATINGLY AND
CORRUPTLY AS MAGISTRATE/CLERK
AT THE 4TH CIRCUIT COURT; ERIC
MONSON, IN HIS PRIVATE CAPACITY
AND PUBLIC CAPACITY AS ONE OF
TWO STATE BAR MEMBER
IMPOSTORS DISCRIMINATINGLY AND
CORRUPTLY CLAIMING THE SAME
TITLE AS CHIEF HEARING EXAMINER
FOR THE STATE OF SOUTH DAKOTA;
WADE REIMERS, IN HIS PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING DISCRIMINATINGLY AND
CORRUPTLY AS DSS COUNSEL AND
ASSISTANT AG FOR THE STATE OF
SOUTH DAKOTA, ALSO IN
MEMBERSHIP TO THE SD STATE BAR;
CATHERINE WILLIAMSON, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS ONE OF TWO STATE
BAR MEMBER IMPOSTORS
DISCRIMINATINGLY AND CORRUPTLY
CLAIMING THE SAME TITLE AS CHIEF
HEARING EXAMINER FOR THE STATE
OF SOUTH DAKOTA; SHAWNIE
RECHTENBAUGH, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING DISCRIMINATINGLY AND
CORRUPTLY AS S.D. GOVERNOR'S
SECRETARY TO THE DEPARTMENT OF
HUMAN SERVICES (DHS); LAURI
GILL, IN HER PRIVATE CAPACITY AND
PUBLIC CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS FORMER S.D. GOVERNOR'S
SECRETARY TO THE DEPARTMENT OF
SOCIAL SERVICES (DSS); MATTHEW
ALTHOFF, IN HIS PRIVATE CAPACITY
AND PUBLIC CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS S.D. GOVERNOR'S SECRETARY TO
THE DEPARTMENT OF SOCIAL
SERVICES (DSS); JEREMY LIPPERT,
IN HIS PRIVATE CAPACITY AND
PUBLIC CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS DSS LEAD COUNSEL, ASSISTANT
AG AND DIVISION DIRECTOR FOR
DISCRIMINATION OFFICER FOR THE
STATE OF SOUTH DAKOTA, , ALSO IN
MEMBERSHIP TO THE SD STATE BAR;
JENNA HOWELL, IN HER PRIVATE
CAPACITY AND PUBLIC CAPACITY
OPERATING DISCRIMINATINGLY AND
CORRUPTLY AS DHS LEAD COUNSEL
AND ASSISTANT AG AND DIVISION
DIRECTOR FOR DISCRIMINATION
OFFICER FOR THE STATE OF SOUTH
DAKOTA, ALSO IN MEMBERSHIP TO
THE SD STATE BAR; CITY OF
SPEARFISH, (POLICE DEPARTMENT,
MAYOR JOHN SENDEN, AND CITY
COUNCIL MEMBERS (JAMIE HAFNER,
DEAN MYERS, LARRY KLARENBEEK,
SCOTT HOURIGAN, ANA RATH, PAM
JACOBS) OPERATING
DISCRIMINATINGLY AND CORRUPTLY
REFUSING TO PROTECT CRIME
VICTIMS' RIGHTS; SAMANTHA
ROSENAU, IN HER PRIVATE CAPACITY
AND PUBLIC CAPACITY OPERATING
CORRUPTLY AS POLICE LIEUTENANT
FOR THE CITY OF SPEARFISH, (S.D.)
REFUSING TO PROTECT CRIME
VICTIMS' RIGHTS; DAVID KNOX, IN
HIS PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS CITY ATTORNEY FOR THE CITY OF
SPEARFISH, (S.D.) REFUSING TO
PROTECT CRIME VICTIMS' RIGHTS;
LAWRENCE COUNTY SHERIFF
DEPARTMENT, IN ITS CORPORATE,
PUBLIC CAPACITY OPERATING
CORRUPTLY TO DENY CRIME
VICTIMS' PROTECTIONS, REFUSING
TO INVESTIGATE PUBLIC
CORRUPTION, AND REFUSAL TO
ALLOW ACCESS TO COUNTY GRAND
JURY; BRENDA HARVEY, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY OPERATING
DISCRIMINATINGLY AND CORRUPTLY
AS THE STATE'S ATTORNEY FOR
LAWRENCE COUNTY, S.D REFUSING
TO PROTECT CRIME VICTIMS' RIGHTS
AND PRESENTMENT OF PUBLIC
CORRUPTION TO COUNTY GRAND
JURY; AMERICAN FAMILY
INSURANCE, IN ITS CORPORATE,
PUBLIC CAPACITY OPERATING
CORRUPTLY IN SELLING BOGUS
HOMEOWNER'S INSURANCE
POLICIES; JASON GELLETT AGENCY,
LLC, IN ITS CORPORATE, PUBLIC
CAPACITY OPERATING CORRUPTLY IN
SELLING BOGUS HOMEOWNER'S
INSURANCE POLICIES; JASON
GELLETT, IN HIS PRIVATE CAPACITY
OPERATING CORRUPTLY IN SELLING
BOGUS HOMEOWNER'S INSURANCE
POLICIES; MONUMENT HEALTH
NETWORK, INC., (“MHNI”), IN ITS
CORPORATE, PUBLIC CAPACITY
OPERATING CORRUPTLY IN
VIOLATING DISABILITY RIGHTS,
MANDATORY REPORTING AND OTHER
LAWS AND DEPRIVING OF PRIVATE
RIGHTS UNDER COLOR OF LAW;
MARCIA OLSON, FINANCIAL
DIRECTOR FOR MHNI, IN HER
PRIVATE AND PUBLIC CAPACITY,
CORRUPTLY VIOLATING CONSUMER
PROTECTION, MANDATORY
REPORTING, AND OTHER LAWS
WHILE DEPRIVING OF PRIVATE
RIGHTS UNDER COLOR OF LAW;
PIVOT PROSTHETICS AND
ORTHOTICS, (“PPAO”), IN ITS
CORPORATE, PUBLIC CAPACITY
OPERATING CORRUPTLY IN
VIOLATING CONSUMER PROTECTION,
MANDATORY REPORTING, AND
OTHER LAWS WHILE DEPRIVING OF
PRIVATE RIGHTS UNDER COLOR OF
LAW; ROCHELLE RICE, CO-OWNER
AND OFFICE MANAGER OF PPAO IN
HER PRIVATE AND PUBLIC CAPACITY,
CORRUPTLY VIOLATING CONSUMER
PROTECTION, MANDATORY
REPORTING, AND OTHER LAWS
WHILE DEPRIVING OF PRIVATE
RIGHTS UNDER COLOR OF LAW;
BRODIE RICE, OWNER AND
CERTIFIED PROSTHETIST OF PPAO IN
HIS PRIVATE AND PUBLIC CAPACITY,
CORRUPTLY VIOLATING CONSUMER
PROTECTION MANDATORY
REPORTING, AND OTHER LAWS
WHILE DEPRIVING OF PRIVATE
RIGHTS UNDER COLOR OF LAW;
AMERICAN BOARD OF
CERTIFICATION, (“ABC”), IN ITS
CORPORATE, PUBLIC CAPACITY
OPERATING CORRUPTLY IN
VIOLATING DISABILITY RIGHTS AND
OTHER LAWS AND DEPRIVING OF
PRIVATE RIGHTS UNDER COLOR OF
LAW; MOLLY MCGUIRE, IN HER
PRIVATE CAPACITY AND PUBLIC
CAPACITY AS PROFESSIONAL
CREDENTIALING ADMINISTRATOR
FOR THE ABC VIOLATING DISABILITY
RIGHTS AND OTHER LAWS AND
DEPRIVING OF PRIVATE RIGHTS
UNDER COLOR OF LAW; STEVE
FLETCHER, IN HIS PRIVATE
CAPACITY AND PUBLIC CAPACITY AS
CPO AND DIRECTOR OF
PROFESSIONAL CREDENTIALING FOR
THE ABC VIOLATING DISABILITY
RIGHTS AND OTHER LAWS AND
DEPRIVING OF PRIVATE RIGHTS
UNDER COLOR OF LAW; SUZANNE
PIERCE, IN HER PRIVATE CAPACITY
AND PUBLIC CAPACITY GENERAL
COUNSEL FOR THE CORRUPT ABC
VIOLATING DISABILITY RIGHTS AND
OTHER LAWS AND DEPRIVING OF
PRIVATE RIGHTS UNDER COLOR OF
LAW; DISABILITY RIGHTS SOUTH
DAKOTA, IN ITS CORPORATE, PUBLIC
CAPACITY OPERATING CORRUPTLY IN
ACCEPTING STATE AND/OR FEDERAL
FINDING TO PROTECT REPORTED
DISABLED CRIME VICTIMS AND
ADVOCATE DISABILITY RIGHTS,
WHILE EMPLOYING DISCRIMINATORY
DEI AND CANCEL CULTURE
PRACTICES AGAINST ANGLO-
AMERICAN MALE CRIME VICTIMS;
AND DOES 1-75, TO BE LISTED AS
NUMEROUS ASSISTANTS TO THE S.D.
ATTORNEY GENERAL, MEMBERS OF
THE THE STATE BAR OF SOUTH
DAKOTA, AND S.D. GOVERNMENT
AND FEDERAL GOVERNMENT AND
QUASI-GOVERNMENT PRINCIPALS
AND AGENTS AND FIDUCIARIES AND
FUNCTIONARIES, IN THEIR PRIVATE
AND PUBLIC CAPACITIES;
Defendants.
Plaintiff, David Schied, commenced this pro se action by filing a
“Complaint Brief . . . for Declaratory, Injunctive, Structural, and Commercial
Relief; for Damages; and For Emergency Interim Relief.” Docket 1 at 1
(capitalization and emphasis in original). This Court granted Schied’s motion
for leave to proceed in forma pauperis and dismissed his “Complaint Brief”
without prejudice for failure to comply with Federal Rule of Civil Procedure 8.
Docket 22. But the Court also ordered that Schied, if he so chooses, may file an
amended complaint within 30 days that complies with the pleading
requirements of the Federal Rules of Civil Procedure. Id. at 29–30. On April 1,
2026, which was the deadline for Schied to file an amended complaint, Schied
filed a “Motion for Clarification of Scope and Effect of Dismissal Order.” Docket
31.1
Although Schied asserted that he was not seeking reconsideration of the
order dismissing his complaint for failure to comply with Rule 8, it appeared
that was indeed what he intended to do. Because the Court’s dismissal order,
Docket 22, clearly and specifically addressed every issue on which Schied
purportedly sought clarification, compare Docket 31 at 5–6, with Docket 22 at
29–30, the Court denied Schied’s motion for clarification of scope and effect of
dismissal order, Docket 31. But the Court extended until April 24, 2026,
Schied’s time to file an amended complaint that complies with the pleading
requirements of the Federal Rules of Civil Procedure. Docket 32 at 18. Schied
filed an amended complaint on April 27. 2026.2 Docket 33.
I. Legal Standard
Because this Court granted Schied’s motion for leave to proceed in forma
pauperis under § 1915(a), the Court must determine whether his amended
complaint should be dismissed under § 1915(e)(2)(B). Martin-Trigona v. Stewart,
691 F.2d 856, 857 (8th Cir. 1982) (per curiam); see also Key v. Does, 217 F.
Supp. 3d 1006, 1007 (E.D. Ark. 2016). A court must dismiss claims if they “(i)
1 Following entry of the order dismissing his “Complaint Brief” without prejudice,
Schied filed a notice of appeal to the United States Court of Appeals for the Eighth
Circuit. Docket 25. The Eighth Circuit dismissed Schied’s appeal for lack of
jurisdiction as premature on March 26, 2026. Docket 28.
2 Although the Court’s order specifically directed Schied to file his amended complaint
on or before April 24, 2026, Docket 32 at 18, because the amended complaint arrived
by mail in an envelope that was postmarked on April 22, 2026, Docket 33-1, the Court
will consider the amended complaint as timely filed.
[are] frivolous or malicious; (ii) fail[] to state a claim on which relief may be
granted; or (iii) seek[] monetary relief against a defendant who is immune from
such relief.” 28 U.S.C. § 1915(e)(2)(B).
A court when screening under § 1915 must assume as true all facts well
pleaded in the complaint. Est. of Rosenberg v. Crandell, 56 F.3d 35, 36 (8th Cir.
1995). Pro se and civil rights complaints must be liberally construed. Erickson
v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (citation omitted); Bediako v.
Stein Mart, Inc., 354 F.3d 835, 839 (8th Cir. 2004) (citation omitted). Even with
this construction, “a pro se complaint must contain specific facts supporting its
conclusions.” Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985) (citation
omitted); see also Ellis v. City of Minneapolis, 518 F. App’x 502, 504 (8th Cir.
2013) (per curiam) (citation omitted).
A district court has the duty to examine a pro se complaint “to determine
if the allegations provide for relief on any possible theory.” Williams v. Willits,
853 F.2d 586, 588 (8th Cir. 1988) (citing Bramlet v. Wilson, 495 F.2d 714, 716
(8th Cir. 1974)). A complaint “does not need detailed factual allegations . . .
[but] requires more than labels and conclusions, and a formulaic recitation of
the elements of a cause of action will not do[.]” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (internal citation omitted). If a complaint does not contain
these bare essentials, dismissal is appropriate. See Beavers v. Lockhart, 755
F.2d 657, 663 (8th Cir. 1985) (citation omitted). Twombly requires that a
complaint’s “[f]actual allegations must be enough to raise a right to relief above
the speculative level on the assumption that all the allegations in the complaint
are true[.]” 550 U.S. at 555 (internal citation and footnote omitted); see also
Abdullah v. Minnesota, 261 F. App’x 926, 927 (8th Cir. 2008) (per curiam)
(noting that a complaint “must contain either direct or inferential allegations
respecting all material elements necessary to sustain recovery under some
viable legal theory” (citing Twombly, 550 U.S. at 553–63)).
II. Factual Background3
Schied is a totally and permanently disabled quad-amputee. Docket 33
at 9. The amended complaint divides the numerous defendants into six
modules. Id. at 12–29. “Module 1” consists of state executive and Medicaid
administration defendants, including the State of South Dakota, the South
Dakota Department of Social Services, the South Dakota Department of
Human Services, and various individuals including Kristi Noem, Tom Eads,
Laurie Gill, Matthew Althoff, Shawnie Rectenbaugh, Angie Reichert, Kellie
Werner, Kim Terrill, and Doe defendants. Id. at 12. Although the Court directed
Schied to file an amended complaint that is a single pleading and stand-alone
document, see Docket 22 at 29, the amended complaint does not specify the
role, position, or title of the individuals identified as defendants in any of the
modules. See generally Docket 33. Despite the Court’s directive, the Court
assumes that Schied continues to rely on the various attachments and
3 The Court summarizes the facts as alleged in Schied’s amended complaint and, as
required at this stage of the litigation, accepts the factual allegations as true, but
makes no finding whether Schied may be able to come forward with competent
admissible evidence to support his allegations.
appendices to his initial complaint for a full identification and description of all
purported defendants.
The “Module 1” defendants, “individually and collectively, subjected
[Schied] to shifting classifications, fragmented agency responses, opaque
eligibility reasoning, delays, contradictory notices, and failure to provide
transparent explanations regarding available medical-assistance protections
and related benefits.” Id. at 12–13. The “Module 1” defendants “elevated
internal policy, administrative convenience, or jurisdictional
compartmentalization over substantive statutory obligations[,]” causing Schied
loss or restriction of medical assistance, uncovered medical costs, housing
instability, emotional distress, financial loss, and barriers affecting mobility,
health, and equal participation in civil life. Id. at 13.
The “Module 2” defendants are described as state attorneys,
administrative hearings, and record-control defendants, including Marty
Jackley, Brenda Harvey, Jeremy Lippert, Jenna Howell, Catherine Williamson,
Scott Bollinger, the South Dakota Bureau of Administration, Eric Monson,
Wade Reimers, and Doe defendants. Id. at 14. When Schied raised repeated
objections regarding the denial of medical assistance, the “Module 2”
defendants “failed to provide neutral and meaningful review.” Id. These
defendants “emphasized technical closure over substantive correction.” Id.
Some of the “Module 2” defendants, whom Schied does not identify, knew or
should have known that Schied faced “ongoing medical vulnerability, financial
instability, and cascading consequences from erroneous or unlawful
administrative actions[,]” but failed to intervene. Id. at 14–15.
Schied identifies state judicial, clerk, court-administrative, and risk-pool
defendants as “Module 3” defendants. Id. at 16. The “Module 3” defendants
include Robert “Bob” Morris, Carol Latuseck, Eric Strawn, the Fourth Circuit
Court, Shirley Jameson-Fergel, Steven Jensen, the South Dakota Supreme
Court, the South Dakota Public Assurance Alliance, and Doe defendants. Id. at
16–17. When Schied raised objections regarding “administrative wrongdoing,
denial of benefits, record irregularities, and related constitutional harms[,]”
because of delayed or incomplete docketing and altered or narrowed case
framing, Schied was deprived of an “accessible, accurate, and substantively fair
adjudicative process.” Id. at 17, 19. The “Module 3” defendants “ratify
incomplete records, elevate procedural form over factual substance, and
terminate matters without full examination of the evidence tendered.” Id. at 18.
Some of the “Module 3” defendants, whom Schied does not identify, knew or
should have known that he was “attempting to vindicate urgent rights affecting
medical access, financial survival, and equal protection of the laws[,]” but
“failed to ensure accessible, accurate, and substantively fair adjudicative
processes.” Id. at 19.
The “Module 4” defendants are “medical providers, law enforcement, local
government, and property-harm defendants[.]” Id. at 20 (capitalization and
emphasis in original omitted). These defendants “exercised direct or indirect
authority over medical treatment, prosthetic access, disability documentation,
property security, law-enforcement response, insurance interests, local
government functions, and conditions materially affecting [Schied’s] daily
survival, safety, mobility, functional independence, and housing continuity.” Id.
The “Module 4” defendants were placed on notice of Schied’s urgent need for
medical care, mobility support, reasonable accommodations, and housing, but
failed to respond to Schied’s needs. Id. at 21. “Certain medical and provider
defendants[,]” whom Schied does not identify, failed to provide timely medical
intervention. Id. “Certain local-government and law-enforcement defendants”
did not respond appropriately to Schied’s complaints of criminal conduct. Id.
Several of the “Module 4” defendants, whom Schied does not identify, “knew, or
reasonably should have known, that [Schied] was a totally and permanently
disabled quad-amputee with heightened dependence upon continuity of care,
accessible housing, and prompt good-faith responses[,]” but failed to act to
prevent foreseeable harm. Id. at 22.
The “Module 5” defendants are federal executive agencies Schied alleges
are responsible for benefit administration, financial extraction, and oversight,
including the United States of America, the Department of Health and Human
Services, the Centers for Medicare and Medicaid Services, the Social Security
Administration, the Internal Revenue Service, the Department of the Treasury,
the Department of Government Efficiency, and the Department of Justice. Id.
at 23. Instead of “ensuring that federal funds and disability protections were
lawfully administered at the state and local levels,” the “Module 5” defendants
“allowed responsibility to be diffused across agencies and jurisdictions[,]”
resulting in a loss of federal benefits to Schied. Id. at 24. Some of the “Module
5” defendants, whom Schied does not identify, possess “authority to investigate
and prosecute fraud, civil-rights violations, misuse of federal funds, or systemic
beneficiary harm,” but failed to intervene on Schied’s behalf. Id. Because of the
alleged conduct of the “Module 5” defendants, Schied’s monthly Social Security
benefits were depleted, and his ability to secure housing and medical
assistance was reduced. Id. at 25–26.
The “Module 6” defendants include the United States District Court for
the District of South Dakota, three judges in the District of South Dakota, the
Clerk of Court for the District of South Dakota, and the United States Court of
Appeals for the Eighth Circuit. Id. at 27. Schied alleges that the “Module 6”
defendants have denied him meaningful court access and contends that there
has been “a long documented litigation history spanning Michigan, federal, and
South Dakota proceedings from approximately 2004 forward, including
multiple prior actions against governmental actors and the United States
itself.” Id. at 28 n.42.
Schied seeks declaratory and injunctive relief as well as nominal,
compensatory, and punitive damages. Id. at 39. But the requested injunctive
relief is broad and non-specific. Id.
III. Analysis
A. Compliance with Pleading Requirements of the Federal Rules
of Civil Procedure
Schied’s amended complaint does not comply with Rule 8(a)(2) and Rule
8(d)(1). The amended complaint also fails to comply with the District of South
Dakota’s Civil Local Rules of Practice. For the most part, it is single-spaced,
and it includes 44 footnotes with a font size much smaller than 12 point. See
D.S.D. Civ. LR 83.4.A (stating that text must be double-spaced and at least in
12-point font). Further, despite the fact that the Court’s order dismissing his
initial complaint specifically stated that Schied did not “include a caption
naming all defendants as required by Federal Rule of Civil Procedure 10(a)[,]”
Docket 22 at 16, Schied failed to include a caption in his amended complaint
naming all defendants.4 See generally Docket 33. Accordingly, while the Court
could dismiss Schied’s amended complaint for failing to comply with the
Federal Rules of Civil Procedure and this Court’s previous order, see Docket
32, the Court has attempted to evaluate each of Schied’s claims.
B. Schied’s Claims
1. Preliminary Statement
4 Instead, Schied criticizes this Court and the Clerk of Court staff because the case
caption does not correspond to the Appendix A-1 roster and associated U.S. Marshals
Service documents. Docket 33 at 1–2, n.1. Neither this Court nor the Clerk of Court
staff should be required to review appendices and related documents spanning
hundreds of pages to identify all the named defendants in any pro se case.
Schied’s allegations are conclusory and not specific to any named
defendant. For example, Schied asserts that the conduct of the “Module 1”
defendants included:
maintaining opaque and contradictory eligibility determinations;
failing to provide timely and intelligible notice of decisions; refusing
meaningful review repeated notice of harm; elevating internal policy
over governing law; fragmenting responsibility among agencies;
failing to accommodate known disability-related barriers; and
permitting foreseeable harms to continue after actual or
constructive notice.
Docket 33 at 30. But nowhere in his amended complaint does he allege any
facts demonstrating what each individual “Module 1” defendant did to give rise
to these allegations. See generally id. In Count III of the amended complaint,
Schied alleges that “all defendants who are public entities, recipients of federal
financial assistance, state actors, contractors performing public functions, or
persons acting in concert with such entities[]” “knew, or reasonably should
have known, of [Schied’s] disabilities, heightened vulnerability, and need for
reasonable accommodations” but
denied equal participation, imposed avoidable barriers, refused or
delayed reasonable accommodations, relied upon rigid procedures
without individualized modification, failed to provide reasonable
processes, withheld documentation needed for accommodations,
and treated disability-related needs as burdens rather than
protected rights.
Id. at 32. But the amended complaint contains no factual allegations to
support these broad, conclusory assertions. See generally id. Further, the
amended complaint does not even specify which of the 100-plus defendants
Schied contends are covered by this count. Finally, nowhere in the amended
complaint does Schied assert any specific facts to put each of the defendants
against whom this count is directed on notice of what that specific defendant
did that allegedly violates the Americans with Disabilities Act or the
Rehabilitation Act. See generally id.
In Count IV, Schied contends that “[c]ertain” Module 4 defendants
“imposed or enforced conditions requiring [him] to accept disadvantageous or
coercive arrangements in order to preserve access to medical services or
personal security, while others failed to act to prevent foreseeable harm despite
possessing authority to do so.” Id. at 34. But Schied does not identify which of
the “Module 4” defendants imposed or enforced disadvantageous or coercive
arrangements or failed to act to prevent foreseeable harm or include any
specific factual allegations notifying any of the “Module 4” defendants what
specific actions each defendant took that Schied contends gives rise to liability.
See generally id.
“A complaint which lumps all defendants together and does not
sufficiently allege who did what to whom, fails to state a claim for relief because
it does not provide fair notice of the grounds for the claims made against a
particular defendant.” Tatone v. Suntrust Mortg., Inc., 857 F. Supp. 2d 821, 831
(D. Minn. 2012). Without any supporting factual allegations, Schied’s
conclusory statements fail to state a claim upon which relief can be granted.
“[T]he Federal Rules do not require courts to credit a complaint’s conclusory
statements without reference to its factual context.” Ashcroft v. Iqbal, 556 U.S.
662, 686 (2009).
Finally, many of the individual defendants as well as organizational
defendants are not specifically discussed or mentioned in the body of the
amended complaint. “If a defendant is not mentioned in the body of the
complaint, the complaint does not state a cause of action against that
defendant.” Startup v. Bear Stearns Residential Mortg. Corp., No. 10-01961,
2011 WL 13227926, at *2 (C.D. Cal. Feb. 14, 2011) (citation omitted); see also
Jones v. Town of Quartzsite, No. CV-13-02170, 2015 WL 12551172, at *5 (D.
Ariz. Mar. 30, 2015) (finding plaintiff failed to state a claim when complaint
failed to mention defendants), aff’d, 677 F. App’x 317 (9th Cir. 2017); Hobson
v. Temple-Inlet, No. 07-1318, 2007 WL 3101837, at *2 (D. Ariz. Oct. 22, 2007)
(dismissing case under Rule 12(b)(6) because complaint did not mention the
defendant). For these reasons, Schied’s amended complaint is dismissed
without prejudice under 42 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim
upon which relief can be granted.
2. Count I
Despite the conclusory nature and lack of supporting factual allegations,
it is clear that many of Schied’s purported causes action are not viable against
many of the named defendants. Thus, for the sake of completeness the Court
now outlines why many of Schied’s purported causes of action against various
defendants are not viable.
In Count I, Schied alleges claims against that the “Module 1” defendants
arising under 42 U.S.C. § 1983 and “federal disability-protection statutes.”
Docket 33 at 30. In addition to violation of his rights under “federal disability-
protection statutes,” Schied alleges violation of his procedural due process and
equal protection rights. Id.
The Eleventh Amendment bars many of Schied’s claims. The State of
South Dakota, the South Dakota Department of Social Services, and the South
Dakota Department of Human Services are “Module 1” defendants. Id. at 12.
“Section 1983 provides a federal forum to remedy many deprivations of civil
liberties, but it does not provide a federal forum for litigants who seek a remedy
against a State for alleged deprivations of civil liberties. The Eleventh
Amendment bars such suits unless the State has waived its immunity[.]” Will v.
Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989) (citation omitted); see also
Cory v. White, 457 U.S. 85, 90–91 (1982) (recognizing that the Eleventh
Amendment bars suit against a state entity regardless of whether money
damages or injunctive relief is sought); Minn. State. Coll. Student Ass’n v.
Cowles, 620 F. Supp. 3d 835, 850 (D. Minn. 2022) (recognizing that “[t]he
Eleventh Amendment also bars claims for damages against state employees in
their official capacities.” (citations omitted)). Schied’s claims against the State
of South Dakota, the Department of Social Services, and the South Dakota
Department of Human Services are dismissed with prejudice for failure to state
a claim upon which relief can be granted. Similarly, to the extent that Schied
alleges a § 1983 claim against any state official or employee in his or her official
capacity for monetary damages, those claims are dismissed with prejudice for
failure to state a claim upon which relief can be granted.
“Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff
must plead that each Government-official defendant, through the official’s own
individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676.
Schied’s allegations are conclusory and not specific to any named defendant.
Thus, he has failed to allege the requisite personal involvement to state a claim
for relief under § 1983. In addition to the reasons outlined in Section III.B.1,
see supra at 24–26, Schied’s claims in Count I are dismissed under 42 U.S.C.
§ 1915(e)(2)(B)(ii) and (iii) for the reasons outlined in this section.
To the extent Schied attempts to state a claim against the State of South
Dakota, any state department or agency, or any state official for violating the
Americans with Disabilities Act or the Rehabilitation Act, those claims are
addressed under Count III.
3. Count II
In Count II of his amended complaint, Schied asserts that the “Module 2”
and “Module 3” defendants violated his Fourteenth Amendment procedural due
process rights and deprived him of meaningful access to court and
administrative remedies. Docket 33 at 31–32. In addition to alleging that these
defendants are liable under 42 U.S.C. § 1983, Schied also alleges that they
conspired to violate his civil rights and are also liable under 42 U.S.C. § 1985.
Id.
Claims based on vicarious liability are not cognizable under 42 U.S.C.
§ 1983. Marsh v. Phelps Cnty., 902 F.3d 745, 754 (8th Cir. 2018). “Because
vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that
each Government-official defendant, through the official’s own individual
actions, has violated the Constitution.” Id. (alteration in original) (quoting
Ashcroft, 556 U.S. at 676); Jones v. City of St. Louis, 104 F.4th 1043, 1050 (8th
Cir. 2024). In other words, “each Government official, his or her title
notwithstanding, is only liable for his or her own misconduct.” Marsh, 902 F.3d
at 754 (quoting Ashcroft, 556 U.S. at 677). “A proper § 1983 claim requires
factual details about a defendant’s personal involvement in the violation of a
plaintiff’s rights.” Pennington v. Morgan, 24-CV-00838, 2025 WL 348609, at *2
(W.D. Va. Jan. 30, 2025). The amended complaint does not contain any specific
factual allegations stating what any of the individual “Module 2” or “Module 3”
defendants did to violate Schied’s constitutional rights. See generally Docket
33.
According to the amended complaint, “[t]he actions of supervisory and
institutional defendants were undertaken personally, through policy authority,
through deliberate indifference, through failure to maintain lawful procedures,
or through ratification of unconstitutional practices after notice.” Id. at 32.
Again, these conclusory allegations, in the absence of any supporting facts
stating what each supervisory state actor allegedly did or did not do to give rise
to a supervisory liability claim under 42 U.S.C. § 1983, are insufficient as a
matter of law to state a claim upon which relief can be granted.
To state a claim under 42 U.S.C. § 1985(3), Schied must allege: (1) a
conspiracy; (2) for the purpose of depriving any person or class of persons of
the equal protection of the laws or of the privileges and immunities secured by
the laws; (3) an act in furtherance of the conspiracy; and (4) injury to his
person or property or a deprivation of a right or privilege secured for him as a
United States citizen. Griffin v. Breckenridge, 403 U.S. 88, 102–03 (1971).
Schied must also “allege with particularity and specifically demonstrate with
material facts that the defendants reached an agreement.” Davis v. Jefferson
Hosp. Ass’n, 685 F.3d 675, 685 (8th Cir. 2012) (internal quotation omitted).
Schied does not allege any specific facts demonstrating that the “Module 2” and
“Module 3” defendants reached any agreement. See generally Docket 33.
Finally, the South Dakota Supreme Court and the Fourth Circuit Court
are identified as “Module 3” defendants, as well as the Chief Justice of the
South Dakota Supreme Court, the Clerk of the South Dakota Supreme Court, a
state circuit court judge, and a circuit court clerk of court. Id. at 16–17. “[A]
court is not a ‘person’ subject to suit under § 1983.” Harmon v. Preferred Fam.
Healthcare, Inc., 125 F.4th 874, 881 (8th Cir. 2025) (citing Clark v. Clark, 984
F.2d 272, 273 (8th Cir. 1993)). But even if a court was a “person” within the
meaning of 42 U.S.C. § 1983, an action against it “would be barred by the
Eleventh Amendment, anyway.” Clark, 984 F.2d at 273; see also Harris v. Mo.
Ct. of Appeals, W. Dist., 787 F.2d 427, 429 (8th Cir. 1986) (observing that
“courts as entities are not vulnerable to § 1983 suits, because they are
protected by state immunity under the eleventh amendment”)). The judges
whom Schied names are entitled to absolute judicial immunity, as are the state
court personnel included among the “Module 3” defendants. Just. Network Inc.
v. Craighead Cnty., 931 F.3d 753, 759–60 (8th Cir. 2019) (holding that a judge
is immune from suits brought under § 1983 to recover for alleged deprivation
of civil rights); Hamilton v. City of Hayti, 948 F.3d 921, 928 (8th Cir. 2020)
(recognizing that the doctrine of quasi-judicial immunity extends to court
clerks). Similarly, the “Module 2” defendants who serve as state hearing
examiners or administrative law judges are also entitled to absolute immunity.
Butz v. Economou, 438 U.S. 478, 511–13 (1978) (holding that an agency
hearing examiner or administrative law judge is “functionally comparable” to a
judge and therefore protected by absolute immunity).
In addition to the reasons outlined in Section III.B.1, see supra at 24–26,
Schied’s claims in Count II are dismissed under 42 U.S.C. § 1915(e)(2)(B)(ii)
and (iii) for the reasons outlined in this section.
4. Count III
Count III of the amended complaint is “asserted against all defendants
who are public entities, recipients of federal financial assistance, state actors,
contractors performing public functions, or persons acting in concert with such
entities, including those identified throughout Modules 1 through 6.” Docket
33 at 32. Count III appears to allege claims under the Americans with
Disabilities Act (ADA) and the Rehabilitation Act (RA). Id.
Title II of the ADA provides that “no qualified individual with a disability
shall, by reason of such disability, be excluded from participation in or be
denied the benefits of the services, programs, or activities of a public entity, or
be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Under
the ADA, a “public entity” includes state and local governments, as well as their
agencies and instrumentalities. Id. § 12131(1)(A), (B). But because Title II of the
ADA provides redress for discrimination by a “public entity[,]” individuals in
their personal capacities are not subject to suit under Title II. Baribeau v. City
of Minneapolis, 596 F.3d 465, 484 (8th Cir. 2010) (per curiam) (citing Alsbrook
v. City of Maumelle, 184 F.3d 999, 1005 n.8 (8th Cir. 1999) (en banc)). Thus, to
the extent Schied’s amended complaint asserts claims against defendants in
their personal capacities, it fails to state a claim upon which relief can be
granted. Some of the defendants against whom Count III appears to be directed
are private actors. But Title II of the ADA does not extend to private actors.5
Frazier v. Graves, No. 4:20-CV000434-KGB, 2021 WL 4502150, at *13 (E.D.
Ark. Sep. 30, 2021) (collecting cases recognizing that private entities that
contract with public entities do not qualify as public entities under Title II of
the ADA). Finally, to the extent Schied seeks to assert an ADA claim against
any federal agency, department, or employee in his or her official capacity, his
amended complaint fails to state a claim upon which relief can be granted
because federal agencies and departments do not fall within the definition of
“public entity.” 42 U.S.C. § 12131(1).
It is well established that official capacity claims against state officials
are considered to be claims against the officials’ employer, which here is the
5 Title III of the ADA provides that “[n]o individual shall be discriminated against on
the basis of disability in the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of any place of public accommodation by
any person who owns, leases (or leases to), or operates a place of public
accommodation.” 42 U.S.C. § 12182(a). But none of the private entities named as
defendants in Schied’s amended complaint are private entities that are considered
public accommodations under the Title III of the ADA. Id. § 12181(7)(A) – (L).
State of South Dakota. Will, 491 U.S. at 71 (“[A] suit against a state official is
his or her official capacity is not a suit against the official but rather is a suit
against the official’s office.” (citing Brandon v. Holt, 469 U.S. 464, 471 (1985)).
The Eleventh Amendment precludes Schied from suing the State of South
Dakota or its agencies, including the Department of Social Services, the
Department of Human Services, and the Bureau of Administration,6 in federal
court. Arlt v. Mo. Dep’t of Corrs., 229 F. Supp. 2d 938, 942 (E.D. Mo. 2002). But
Congress may abrogate a state’s Eleventh Amendment immunity if Congress
unequivocally intends to do so and acts pursuant to a valid grant of
constitutional authority. Id. (citing Bd. of Trs. of the Univ. of Ala. v. Garrett, 531
U.S. 356, 363 (2001)). The Eighth Circuit has held that Title II of the ADA is
“beyond Congress’ power under the Fourteenth Amendment’s enforcement
clause.” Id. (citing Alsbrook, 184 F.3d at 1007). Because the enactment of Title
II of the ADA did not validly abrogate a state’s Eleventh Amendment immunity,
a district court does not have subject-matter jurisdiction over a Title II ADA
claim seeking injunctive relief against a state agency and state employees sued
in their official capacities. Id.
Section 504 of the Rehabilitation Act provides that:
No otherwise qualified individual with a disability in the United
States, as defined in section 705(20) of this title, shall, solely by
reason of her or his disability, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance or
6 The Bureau of Administration is no longer a separate state administrative agency but
continues as part of the Department of Executive Management. See SDCL §§ 1-14-1;
1-33-9.1.
under any program or activity conducted by any Executive agency
or by the United States Postal Service.
29 U.S.C. § 794(a). “For a prima facie § 504 violation, a qualified individual
with a disability must be denied, on the basis of the individual’s disability, the
benefits of a program or activity of a public entity receiving federal funds.”
Folkerts V. City of Waverly, 707 F.3d 975, 983 (8th Cir. 2013) (citing M.P. ex rel.
K. v. Indep. Sch. Dist. No. 721, 326 F.3d 975, 981–82 (8th Cir. 2003)). Section
504 of the RA, like Title II of the ADA, does not provide for claims against
individuals. See Damron v. N.D. Cmm’r of Corrs., 299 F. Supp. 2d 970, 979
(D.N.D. 2004), aff’d, 127 F. App’x 909 (8th Cir. 2005) (per curiam); Rudiger v.
St. Francois Cnty., No. 4:22 CV 1103 RWS, 2023 WL 5748439, at *3 (E.D. Mo.
Sep. 6, 2023) (“Section 504 of the Rehabilitation Act simply do[es] not impose
liability on individual defendants in their individual capacities.” (alteration in
original) (citation omitted)). Therefore, any RA claims Schied intended to assert
against individual defendants fail to state a claim upon which relief may be
granted.
To the extent Schied alleges any claims against any state entity, agency,
or department under the Rehabilitation Act, “[t]he Rehabilitation Act requires
States that accept federal funds to waive their Eleventh Amendment immunity
to suits brought in federal court for violations of Section 504.” Jim C. v. United
States, 235 F.3d 1079, 1081 (8th Cir. 2000) (citation omitted). “Thus, a plaintiff
wishing to pursue a Rehabilitation Act claim against the state will need to show
that the agency in question waived its Eleventh Amendment immunity with
respect to Section 504 of the Rehabilitation Act and that the waiver is valid
under the Spending Clause.” Damron, 299 F. Supp. 2d at 978 (citing Randolph
v. Rodgers, 253 F.3d 342, 349 (8th Cir. 2001)). Here, Schied does not allege
any facts demonstrating that any state entity, agency, or department has
waived its Eleventh Amendment immunity with respect to § 504 of the
Rehabilitation Act or that any such waiver is valid under the Spending Clause.
See generally Docket 33.
In addition to the reasons outlined in Section III.B.1, see supra at 24–26,
Schied’s claims in Count III are dismissed under 42 U.S.C. § 1915(e)(2)(B)(ii) for
the reasons outlined in this section.
5. Count IV
In Count IV, Schied alleges claims under 42 U.S.C. § 1983, the Fair
Housing Act, 42 U.S.C. § 3601 et seq., the South Dakota State Constitution,
and unspecified supplemental state-law claims against the medical provider,
local government, law enforcement, and related defendants identified in
“Module 4.” Docket 33 at 33–34.
“Only a state actor can face § 1983 liability.” Doe v. North Homes, Inc., 11
F.4th 633, 637 (8th Cir. 2021). Here, it appears that the medical and prosthetic
providers and insurance-related “Module 4” defendants are private actors that
cannot as a matter of law be liable under § 1983. Further, Schied does not
allege any facts that might be a basis for considering whether any of the private
actors might fall within one of the limited circumstances in which a private
actor can qualify as a state actor. See generally Docket 33.
As the Court understands Schied’s amended complaint, it appears that
he alleges that the Spearfish Police Department and the Lawrence County
Sheriff’s Department did not respond appropriately when he alleged that he
was a victim of a crime or submitted criminal complaints regarding “threats,
fraud, property harms, exploitation, benefit-related coercion, and medical-
equipment deprivation.” Id. at 21 n.31; see also id. at 34 (“Law-enforcement
and governmental defendants further failed to provide reasonably protective
access, equal enforcement, or meaningful protective intervention despite
knowledge of [Schied’s] disability, vulnerability, and repeated requests for
assistance.”). But these conclusory allegations do not allege the violation of any
constitutional right. See Jones v. Bowers, No. CIV-17-727-R, 2017 WL
4334238, at *3 (W.D. Okla. July 28, 2017) (dismissing a § 1983 complaint
against deputies for failing to investigate a hit and run incident because it does
not allege a constitutional violation), aff’d, 737 F. App’x 846 (10th Cir. 2018);
see also Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973) (“a private citizen
lacks a judicially cognizable interest in the prosecution or nonprosecution of
another.”).
The Fair Housing Act makes it unlawful to “discriminate in the sale or
rental, or to otherwise make unavailable or deny, a dwelling to any . . . renter
because of a handicap[.]” 42 U.S.C. § 3604(f)(1). It also prohibits discrimination
“against any person in the terms, conditions, or privileges of . . . rental of a
dwelling, or in the provision of services or facilities in connection with such
dwelling, because of a handicap[.]” 42 U.S.C. § 3604(f)(2). Discrimination under
the Fair Housing Act includes a refusal to make “reasonable accommodations
in rules, policies, practices, or services when such accommodations may be
necessary to afford such person equal opportunity to use and enjoy a
dwelling[.]” 42 U.S.C. § 3604(f)(3)(B). Schied’s amended complaint fails to allege
any facts that would give rise to a claim under the Fair Housing Act against
any of the Module 4 defendants.
Finally, Count IV purports to state a claim for violation of Article VI,
§ 29(3) of the South Dakota Constitution, which provides that a crime victim
has the “right to be reasonably protected from the accused and any person
acting on behalf of the accused[.]” Docket 33 at 33–34. Schied may not seek
relief under 42 U.S.C. § 1983 for an alleged violation of the South Dakota
Constitution. See Foster v. Litman, No. 19-CV-260 (JNE/ECW), 2020 WL
13747050, at *8 (D. Minn. Jan. 3, 2020).
In addition to the reasons outlined in Section III.B.1, see supra at 24–26,
Schied’s claims in Count IV are dismissed under 42 U.S.C. § 1915(e)(2)(B)(ii)
and (iii) for the reasons outlined in this section.
6. Count V
Schied’s claims against the United States, federal agencies and
departments, and federal officials sued in their official capacities are clearly
barred by sovereign immunity.7 F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994)
(citations omitted).
7 Schied’s amended complaint does not allege a claim for damages against the United
States under the Federal Tort Claims Act (FTCA), but even if it did, the claim would
not survive § 1915(e)(2) screening. The “FTCA bars claimants from bringing suit in
Schied alleges that the “Module 5” defendants violated his Fifth
Amendment right to due process. Docket 33 at 34–35. Because Schied sues
various federal officials in their individual capacities and seeks nominal,
compensatory, and punitive damages, the Court liberally construes Schied’s
amended complaint to allege claims under Bivens v. Six Unknown Federal
Narcotics Agents, 403 U.S. 388 (1971). “A Bivens claim is a cause of action
brought directly under the United States Constitution against a federal official
acting in his or her individual capacity for violations of constitutionally
protected rights.” Buford v. Runyon, 160 F.3d 1199, 1203 n.6 (8th Cir. 1998).
In Bivens, the United States Supreme Court recognized an implied cause of
action under the Fourth Amendment against federal officers for entering and
searching the plaintiff’s apartment and then arresting him, all without a
warrant. 403 U.S. at 389. The Supreme Court has only recognized an implied
cause of action for money damages under the Constitution in two other
contexts: a Fifth Amendment equal protection claim under the Due Process
clause against a Congressman for gender discrimination, Davis v. Passman,
442 U.S. 228, 248–49 (1979), and an Eighth Amendment claim against federal
prison officials for failure to treat an inmate’s serious medical need that
resulted in his death, Carlson v. Green, 446 U.S. 14, 24 (1980). See Ziglar v.
Abbasi, 582 U.S. 120, 131 (2017) (recognizing that “[t]hese three cases––
federal court until they have exhausted their administrative remedies.” McNeil v.
United States, 508 U.S. 106, 113 (1993). Schied has not alleged that he exhausted his
remedies under the FTCA before filing suit. See generally Docket 33. Exhaustion is a
jurisdictional prerequisite before filing a FTCA claim in district court. Porter v. Fox, 99
F.3d 271, 274 (8th Cir. 1996) (per curiam).
Bivens, Davis, and Carlson––represent the only instances in which the Court
has approved of an implied damages remedy under the Constitution itself.”).
A Bivens remedy is not available for all constitutional violations and
expanding the implied cause of action under Bivens is “a ‘disfavored’ judicial
activity.” Id. at 135 (citing Iqbal, 556 U.S. at 675). The Eighth Circuit Court of
Appeals has adopted a “presumption against judicial recognition of direct
actions for violations of the Constitution by federal officials.” Farah v. Weyker,
926 F.3d 492, 500 (8th Cir. 2019) (quoting Neb. Beef, Ltd. v. Greening, 398
F.3d 1080, 1084 (8th Cir. 2005)).
In deciding whether to extend a Bivens remedy, the Court engages in a
two-step inquiry. See Egbert v. Boule, 596 U.S. 482, 492 (2022). First, the
Court considers whether the claim at issue is “‘meaningful[ly]’ different from
the three cases in which the Court has implied a damages action.” Id.
(alteration in original) (quoting Ziglar, 582 U.S. at 139). If the claim has not
been previously recognized as a Bivens claim, the court proceeds to step two.
At step two, the Court asks “if there are ‘special factors [that] counsel[]
hesitation’” before implying a new cause of action “in the absence of affirmative
action by Congress.” Ziglar, 582 U.S at 136 (quoting Carlson, 446 U.S. at 18).
Related to this second step is the question of whether an alternative remedy
exists. Id. at 137; see also Wilkie v. Robbins, 551 U.S. 537, 550 (2007). If a
court has “reason to pause before applying Bivens in a new context or to a new
class of defendants—[it should] reject the request.” Hernandez v. Mesa, 589
U.S. 93, 102 (2020).
Here, there is no doubt that Schied seeks to present a Bivens claim in a
new context. There is also no doubt that special factors counsel against
extending Bivens to Schied’s Fifth Amendment due process claim. Schied seeks
to have this Court second-guess the administration of numerous federal benefit
programs and appears to challenge the very structure underlying the
coordination of benefits at the state and federal levels. The Court declines to
recognize a Bivens claim in this new, unique, and unprecedented context. In
addition to the reasons outlined in Section III.B.1, see supra at 24–26, Schied’s
claims in Count V are dismissed under 42 U.S.C. § 1915(e)(2)(B)(ii) and (iii) for
the reasons outlined in this section.
7. Count VI
As this Court understands Schied’s amended complaint, Count VI is
directed against the United States District Court for the District of South
Dakota, the Clerk of Court of the District of South Dakota, and the
undersigned and arises out of the management of this case since it was filed on
December 19, 2025.8 See Docket 33 at 27, 35–36. Amending a complaint to
assert claims alleging that a pending case has been mishandled is
inappropriate and not permitted by any applicable statute, rule, or case law. If
Schied contends that any of the undersigned’s rulings are erroneous, his
8 It appears that Schied seeks to assert claims against the Eighth Circuit Court of
Appeals related to the dismissal of his appeal from this Court’s order dismissing his
initial complaint without prejudice. See Docket 33 at 27 n.40. Additionally, Schied
seems to be asserting claims against Judge Piersol and Judge Lange related to
previous cases he has filed in the District of South Dakota, although neither of those
cases was assigned to Judge Lange. See id. at 11, 27.
remedy is to appeal at the appropriate time, not to attempt to add the
undersigned as a defendant in this action.
Schied’s allegations related to actions by the Clerk of Court and Clerk of
Court staff appear to relate to the fact that this case was filed under seal and
because the case was under seal, Schied could not electronically access his
filings to confirm that they had been docketed as he intended. Docket 33 at 28,
35–36. Schied seems to allege that the same thing occurred when his two
previous civil actions in the District of South Dakota were pending. Id. at 27–
28. Initially, it must be noted that the record was sealed because Schied
attempted to file a qui tam action under the False Claims Act, and federal law
requires that the action be maintained under seal for a period of time. 31
U.S.C. § 3730(b)(2) (providing that complaints filed by private persons must be
“filed in camera” and “remain under seal for at least 60 days”); see also Docket
1. To the extent that there was confusion or misunderstanding as to how
Schied’s voluminous filings should be docketed, Schied’s failure to comply with
the Federal Rules of Civil Procedure, rather than any misconduct by the Clerk
of Court staff, is the source. See Docket 22 at 16–17 (describing the
voluminous materials Schied submitted for filing).
Schied’s claims in Count VI, as the Court understands them, are subject
to dismissal because all the defendants against whom the claims are directed
are absolutely immune. It is well established that judges are absolutely
immune from civil lawsuits alleging misconduct during the performance of
their judicial functions. Mireles v. Waco, 502 U.S. 9, 11–12 (1991) (per curiam).
Judicial “immunity applies even when the judge is accused of acting
maliciously and corruptly[.]” Pierson v. Ray, 386 U.S. 547, 554 (1967). There
are only two situations where judicial immunity can be overcome: (1) when a
judge is sued based on nonjudicial actions, and (2) when the judge acted in the
complete absence of jurisdiction. Mireles, 502 U.S. at 11–12. Schied’s
allegations all relate to judicial actions. When a pro se litigant moves for leave
to proceed in forma pauperis, federal law mandates that the district court judge
screen the complaint under 42 U.S.C. § 1915(e)(2). There are no allegations
that could be liberally construed to allege that any of the judges identified as
“Module 6” defendants are being sued for nonjudicial actions or acted in the
complete absence of all jurisdiction. See generally Docket 33.
Judicial immunity has been extended to other judicial officers, such as
court clerks. Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 436 (1993). As to
court clerks, the Eighth Circuit has held that they are entitled to absolute
immunity for “acts that are discretionary, taken at the direction of a judge, or
taken according to court rules.” Hamilton, 948 F.3d at 928. A court clerk who
maintains a purported qui tam action under seal in accordance with a specific
federal statute is entitled to absolute immunity. See Ilaw v. United States, No.
11-CV-5000 RMV, 2012 WL 629244, at *2 (N.D. Cal. Feb. 27, 2012) (stating
that “the maintenance of case files and sealing of documents are basic and
integral parts of the judicial process. . . [and] the clerk of the court and deputy
clerks are the officials through whom such actions are taken[,]” making such
actions subject to quasi-judicial immunity).
IV. Conclusion
Based on the foregoing analysis, it is ORDERED:
1. That Schied’s amended complaint, Docket 33, is dismissed without
prejudice for failure to state a claim upon which relief can be
granted.
2. That Schied’s motions for reasonable ADA accommodations9
(Dockets 6, 9) are denied as moot.
3. That Schied’s motion for service of process by United States
Marshals Service (Docket 8) is denied as moot.
Dated June 12, 2026.
BY THE COURT:
/s/ Camela C. Theeler
CAMELA C. THEELER
UNITED STATES DISTRICT JUDGE
9 When Schied commenced this action, he filed a motion to electronically file
documents in CM/ECF. Docket 10. The Court granted his motion. Docket 15. Upon
receipt of the motion, the Clerk of Court’s office notified Schied that when the case is
unsealed, he would begin receiving electronic notice of unsealed documents filed in
the case. Id. When the Court dismissed Schied’s original complaint, the Court
explained that Schied, as a pro se litigant, cannot pursue a qui tam action on behalf of
the United States and ordered that the case be unsealed. Docket 22 at 24–25. To the
extent that Schied is seeking relief under the ADA or the RA, it is clear that neither of
these statutes apply to the federal judiciary. See, e.g., Kyndryl, Inc. v. Cannady, No.
23-03279-CV-S-BP, 2023 WL 11960630, at *2 (W.D. Mo. Oct. 25, 2023). The Court
understands that that Clerk of Court staff has devoted substantial time and resources
attempting to comply with Schied’s filing instructions and requests for information,
but even if the ADA or RA applied to the federal judiciary, it is not reasonable to
excuse any pro se litigant from complying with Federal Rules of Civil Procedure and
local court rules enacted to ensure that this Court can manage its docket to promote
the “just, speedy, and inexpensive determination” of all cases for all litigants. See Fed.
R. Civ. P. 1.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.