Tuesday, November 18, 2008

Why you can't sue God

I don't know how I missed this story a few weeks ago, but I did. Maybe I was wrapped up in all that election stuff.

A judge in Omaha, Neb., threw out a lawsuit against God filed by a Nebraska state senator on a technicality: You can't deliver God a summons to appear in court so you can't sue Him in the first place.

"There can never be service effectuated on the named defendant," wrote Judge Marlon Polk, of Douglas County (Neb.) District Court, in throwing out state Sen. Ernie Chambers' lawsuit against the Almighty.

You would think the ruling would be the end of the matter, but Chambers may appeal the judge's decision.

Chambers, a Democrat who has served in the state Senate since 1970, sued sued God in September 2007, seeking a permanent injunction to prevent God from committing acts of violence such as earthquakes and tornadoes, according to the Omaha World-Herald.

From the newspaper:
Polk dismissed the lawsuit with prejudice, which means it can't be refiled. But his ruling can be appealed.

Although the case may seem superfluous and even scandalous to others, Chambers has said his point is to focus on the question of whether certain lawsuits should be prohibited.

"Nobody should stand at the courthouse door to predetermine who has access to the courts," he said. "My point is that anyone can sue anyone else, even God."
Read more about the case at the newspaper's Web site.

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