Dee v. State of Maine

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CV-13-28~9

MICHAEL J. DEE, 0 ~ yJ -~ Cufh -- 1 //"' '1 ;.;. o 13 Plaintiff (CORRECTED)

ORDER ON MOTION TO

v. DISMISS STATE OF fv1AINE .~

STATE OF MAINE, ·· - d .-k's OffiCP·· • ~ · '·""'I"'

Cumber!ano.

Defendant OST 25 2013

RECEIVED·

Before the Court is the State's motion to dismiss for plaintiffs violation of a court

order enjoining him from filing suit without court approval.

FACTUALANDPROCEDURALBACKGROUND

Plaintiff filed a petition for declaratory and injunctive relief challenging various

aspects of Maine's marijuana laws as unconstitutional. Mr. Dee has a long history of

challenging marijuana laws in Maine courts and elsewhere. See State v. Dee, 2012 ME

26, 'if 2n.l, 39 A.3d 42. In 2007, the Superior Court (Crowley, J.) enjoined Mr. Dee "from

filing further lawsuits in Maine courts to challenge the marijuana laws without prior

approval ofthe court." Dee v. State, 2007 WL 4698274 (Me. Super. June 25, 2007). The

Court explained its ruling:

Over a span of twelve years, Dee has repeatedly and unsuccessfully attempted to litigate this issue in state and federal courts, described in detail above. At every tum, courts have informed him that his claims have no legal merit and that the legislature, not the judiciary, is the proper forum for addressing this issue. Thus, the Court enjoins him from filing further lawsuits in Maine courts to challenge the constitutionality of the State's civil and criminal marijuana laws without prior approval from the court.

ld Mr. Dee also moves the Court to grant him permission to file his petition.

DISCUSSION

"It is well-settled that a court may enjoin a party from filing frivolous and

vexatious lawsuits." Spickler v. Key Bank of S. Maine, 618 A.2d 204, 207 (Me. 1992).

Mr. Dee's current suit argues the same points previously rejected by this Court, the Law

Court, and other courts in Maine and other states. Mr. Dee's suit is therefore frivolous

and is accordingly dismissed.

The entry is:

Defendant's motion to disrnissis GRANTED.

Justice, Superior Court

Plaintiff-Michael J Dee (Pro Se) Defendant-William R Fisher AAG