United States ex rel. Gerald Mayo v. Satan and His Staff
Encyclopedia
United States ex rel
. Gerald Mayo v. Satan and His Staff, 54 F.R.D. 282
(W.D.Pa
. 1971), was a court case in which a man filed a lawsuit
against Satan
and his servants in United States District Court. It was dismissed on a technicality
.
Gerald Mayo filed a claim before the United States District Court
for the Western District
of Pennsylvania
in which Mayo alleged that "Satan
has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall" and had therefore "deprived him of his constitutional rights". This is prohibited under several sections of the United States Code
. Mayo filed in forma pauperis
- that is, he asserted that he would not be able to afford the costs associated with his lawsuit and that they therefore should be waived.
In his decision, U.S. District Court Judge Gerald J. Weber
first noted that the jurisdiction
al situation was unclear. While no previous cases had been brought by or against Satan and so no official precedent existed, there was an "unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff", a clever reference to the short story "The Devil and Daniel Webster
". Judge Weber suggested that the defendant (who had claimed in that story to be an American), should he appear, might have been therefore estopped
from arguing a lack of personal jurisdiction.
Judge Weber also noted that the case was certainly appropriate for class action
status, and it was not then clear that Mayo could properly represent the interests of the entire (immense) class. Ultimately, though, the Court refused the request to proceed in forma pauperis because the plaintiff had not included instructions for how the U.S. Marshal could serve process
on Satan
.
Ex rel
Ex rel is an abbreviation of the Latin phrase "ex relatione" meaning "by the relation of" . The term is a legal phrase most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the relator in...
. Gerald Mayo v. Satan and His Staff, 54 F.R.D. 282
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(W.D.Pa
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
. 1971), was a court case in which a man filed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against Satan
Satan
Satan , "the opposer", is the title of various entities, both human and divine, who challenge the faith of humans in the Hebrew Bible...
and his servants in United States District Court. It was dismissed on a technicality
Legal technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that that strict adherence to the letter of the law has prevented the spirit of...
.
Gerald Mayo filed a claim before the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Western District
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
in which Mayo alleged that "Satan
Satan
Satan , "the opposer", is the title of various entities, both human and divine, who challenge the faith of humans in the Hebrew Bible...
has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall" and had therefore "deprived him of his constitutional rights". This is prohibited under several sections of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
. Mayo filed in forma pauperis
In forma pauperis
In forma pauperis is a Latin legal term meaning "in the character or manner of a pauper". In the United States, the IFP designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense...
- that is, he asserted that he would not be able to afford the costs associated with his lawsuit and that they therefore should be waived.
In his decision, U.S. District Court Judge Gerald J. Weber
Gerald Joseph Weber
Gerald Joseph Weber was a United States federal judge.Born in Erie, Pennsylvania, Weber received an A.B. from Harvard University in 1936 and received his LL.B. from the University of Pennsylvania Law School in 1939. He was an Instructor at Gannon College, Erie, Pennsylvania from 1939 to 1941...
first noted that the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
al situation was unclear. While no previous cases had been brought by or against Satan and so no official precedent existed, there was an "unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff", a clever reference to the short story "The Devil and Daniel Webster
The Devil and Daniel Webster
"The Devil and Daniel Webster" is a short story by Stephen Vincent Benét. This retelling of the classic German Faust tale is based on the short story "The Devil and Tom Walker", written by Washington Irving...
". Judge Weber suggested that the defendant (who had claimed in that story to be an American), should he appear, might have been therefore estopped
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
from arguing a lack of personal jurisdiction.
Judge Weber also noted that the case was certainly appropriate for class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
status, and it was not then clear that Mayo could properly represent the interests of the entire (immense) class. Ultimately, though, the Court refused the request to proceed in forma pauperis because the plaintiff had not included instructions for how the U.S. Marshal could serve process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
on Satan
Satan
Satan , "the opposer", is the title of various entities, both human and divine, who challenge the faith of humans in the Hebrew Bible...
.