In DAVIS, HENRY L. v. CON-WAY TRANSPORTATION CENTRAL EXPRESS (ND Ind., Judge Sharp), Judge Keanne concludes: "There are no issues of material fact that preclude summary judgment on Davis’s race discrimination and retaliation claims. For this reason, the district court’s decision granting summary judgment in favor of Con-Way is AFFIRMED."
In LU, FRIEDRICH v. OU, DAVID (ND Ill.), a qui tam action under the false claims act, Judge Posner writes, in a 5-page opinion:
The district court initially dismissed the suit, without prejudice, because it found “Lu’s complaint to be incoherent and . . . [was] unable to discern any claims actionable under the False Claims Act.” When Lu failed to file an amended complaint, the district court converted its dismissal into one with prejudice, precipitating this appeal. * * *The Court also posted today WHITMAN, JEFFREY v. NESIC, VEROLJUB (ED Wis.), where the panel, in an opinion written by Judge Kanne, found no Eight Amendment violation and affirmed the district court.There is another threshold issue, however. It is whether Lu can bring a qui tam action pro se, as he has attempted to do. The only appellate court to address the issue has held that a pro se relator cannot prosecute a qui tam action, because he is acting as an attorney for the government. United States v. Onan, 190 F.2d 1 (8th Cir. 1951). We agree. The relator is not technically the government’s lawyer; but the same policy that forbids litigants, whether they are corporations, or other organizations, or individuals, such as members of a class or shareholders, to be represented by nonlawyers, [cites omitted] is
applicable to qui tam suits. Lu is suing not on his own behalf, but on behalf of the government. * * *The remaining question is whether, rather than affirm the dismissal of Lu’s suit with prejudice, we should remand the case to the district court to give Lu a chance to find a lawyer. We think not. The district judge was correct; the complaint is incoherent, even crazy. We cannot imagine a reputable lawyer being interested in taking the case on a contingent basis—the only possible basis, since Lu describes himself as homeless and without a telephone.