MIAMI –– A federal judge threw out a slander lawsuit by a former security guard for JPMorgan Chase Bank on July 24.
Judge Beth Bloom of the U.S. District Court for the Southern District of Florida found Jimmy Briseus.did not adequately support his claims that the company will not allow him on any other its properties. In his pro se complaint, Briseus also claimed discrimination, because he is a "young black man."
Chase responded to the allegations by seeking a dismissal of the complaint or asking the court to order Briseus to provide a better statement. The bank said Briseus' complaint was written in such a way as make it hard to respond to, according to court documents.
Judge Beth Bloom of the U.S. District Court for the Southern District of Florida
"Plaintiff ... fails to identify a single oral statement made by defendant, much less a single false statement made to a third party," Bloom wrote in her ruling. "In fact, the amended complaint fails to allege any facts supporting any of the elements of a claim for slander, requiring its dismissal."
The court noted that liberality is required when considering the claims of pro se litigants. Bloom was careful to add, however, that "courts cannot serve as de facto counsel for a party and cannot rewrite a deficient pleading for the sake of sustaining an action ... "
The amended complaint was dismissed without prejudice, leaving Briseus with the option to file a new suit.