I’ve been a licensed attorney for over 43 years and in that time I’ve discovered only one rule of law that has zero exceptions. It is:
ANYONE CAN SUE ANYONE OVER ANYTHING FOR ANY AMOUNT AT ANY TIME.
The latest illustration of this is Twohig v. God. The plaintiff, Joshua Twohig, was an inmate in the Harris County Jail who alleged in this suit that God violated his civil rights and should be held accountable. The suit was brought pursuant to 42 U.S.C. Section 1983 which makes government officials liable for depriving people of their rights under federal law. Section 1983 is often used in lawsuits against public school districts and school officials.
That’s the rub. Section 1983 is only available when the suit is against a person acting “under color of law.” A 1983 suit can only proceed against a “state actor.” The judge noted:
Twohig does not allege any facts showing that God is a state actor for purposes of a claim under Section 1983 or that God is otherwise responsible for violating his civil rights. Under these circumstances, Twohig fails to state a claim for which relief can be granted.
So the case was dismissed, which is disappointing. I’d be curious to see if God would have proceeded “pro se” or would hire a lawyer. If so, who? What kind of fee arrangement could be worked out with God? Unfortunately, we will never know.
The case is Twohig v. God, decided by the federal court for the Southern District of Texas on November 15, 2018. Thanks to BLAKE HENSHAW of our firm’s Houston office for uncovering this gem.
DAWG BONE: MR. TWOHIG WILL HAVE SOME QUESTIONS TO ANSWER WHEN (IF) HE GETS TO THE PEARLY GATES.
See you next week!