Kevin William Cassaday v. State of Michigan

CourtDistrict Court, E.D. Michigan
DecidedFebruary 2, 2026
Docket1:26-cv-10124
StatusUnknown

This text of Kevin William Cassaday v. State of Michigan (Kevin William Cassaday v. State of Michigan) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevin William Cassaday v. State of Michigan, (E.D. Mich. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

KEVIN WILLIAM CASSADAY, Case No. 1:26-cv-10124

Plaintiff, Thomas L. Ludington United States District Judge v. Patricia T. Morris STATE OF MICHIGAN, United States Magistrate Judge

Defendant. /

REPORT AND RECOMMENDATION TO DISMISS CASE SUA SPONTE AND TO ENJOIN PLAINTIFF FROM FILING FUTURE CASES

I. RECOMMENDATION For the following reasons, IT IS RECOMMENDED that the Court DISMISS this case sua sponte under 28 U.S.C. § 1915(e)(2). IT IS FURTHER RECOMMENDED the Court ENJOIN Cassaday from filing further actions without leave of court. II. REPORT A. Background Plaintiff, proceeding pro se, initiated this lawsuit on January 12, 2026. (ECF No. 1). On January 16, the Court granted Cassaday’s application to proceed in forma pauperis (IFP) (ECF No. 5), meaning his case must now be screened in accordance with 28 U.S.C. § 1915(e)(2). The same day, the Court referred this matter to the Undersigned for all pretrial matters. (ECF No. 6). Although his complaint is difficult to follow, it appears Cassaday is suing the

State of Michigan, alleging several state laws are unconstitutional (and that the repeal of one law was unconstitutional). (ECF No. 1). He also lists 19 cases he has filed in the Michigan Court of Claims1 and informs the Court that he has been

blocked from filing any civil actions in any court in the state of Michigan for being a vexatious litigant. (ECF No. 1, PageID.10–11). Cassaday has already been warned in the Eastern District of Michigan that further frivolous complaints would result in a “recommend[ation] that he be

enjoined . . . from filing lawsuits without first obtaining the Court’s permission.” Cassaday v. Verizon Media Inc., No. 25-cv-10276, 2025 WL 763571, at *2 (E.D. Mich. Feb. 10, 2025), report and recommendation adopted, 2025 WL 636320, at *1

n.1 (E.D. Mich. Feb. 27, 2025). Additionally, Cassaday has been enjoined from filing lawsuits IFP in the Western District of Michigan after filing 25 frivolous lawsuits that failed to state a claim. Cassaday v. United States Government, No. 21- cv-708, 2021 WL 3928669, at *2 (W.D. Mich. Sept. 2, 2021), affirmed, 2022 WL

14486299 (6th Cir. Oct. 6, 2022).

1 The Michigan Court of Claims is a “[c]ourt of statewide limited jurisdiction to hear and determine all civil actions filed against the State of Michigan and its agencies.” Court of Claims, https://www.courts.michigan.gov/courts/court-of-claims/?r=1 (last visited Jan. 21, 2026). B. Legal Standard Because Plaintiff is proceeding IFP, he has subjected this case to the screening

standards in 28 U.S.C. § 1915(e)(2)(B). Under § 1915, a court may sua sponte review the complaint and dismiss claims or defendants before service of process if it determines the action is frivolous or malicious, fails to state a claim upon which

relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). When considering whether a complaint states a claim, a “court must construe the complaint in the light most favorable to the plaintiff, accept all the factual

allegations as true, and determine whether the plaintiff can prove a set of facts in support of [their] claims that would entitle [them] to relief.” Bovee v. Coopers & Lybrand C.P.A., 272 F.3d 356, 360 (6th Cir. 2001). Still, the plaintiff must plead

“enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard requires the plaintiff to “raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Id. at 555

(citations omitted). The complaint must include more than “labels and conclusions” or “formulaic recitation[s] of the elements of a cause of action.” Id. When a plaintiff proceeds without counsel, a court must liberally construe the

complaint and hold it to a less stringent standard than a similar pleading drafted by an attorney. Haines v. Kerner, 404 U.S. 519, 520 (1972). However, even pro se complaints must satisfy basic pleading requirements. Wells v. Brown, 891 F.2d 591,

594 (6th Cir. 1989). C. Analysis This action should be dismissed as frivolous. The first four pages of

Cassaday’s complaint consist of quotations from the three allegedly unconstitutional laws and the First Amendment to the United States Constitution. (ECF No. 1, PageID.5–8). The next page consists of “questions of law.” (Id. at PageID.9). The body of the complaint, titled “standing,” lists his prior frivolous cases before the

Michigan Court of Claims and Court of Appeals; alleges the laws at issue are designed to obstruct people from filing claims against Michigan; and alleges the repeal of one Michigan law was intended to incite Native Indians to war. (Id. at

PageID.10–12). Cassaday’s conclusion section summarizes his four claims: 1. The Notice of Intent law is being used to obstruct the people in violation of the First US Amendment that Congress shall make no law, prohibiting the free exercise thereof, the right of the people, to petition the government for redress of grievances. (abridged)

2. MI Congress has enacted rules in violation of the foundational First Bill of Rights of the people.

3. The Courts requiring an administrator of oaths for the people, and not the State, to which its powers are derived from the people, weakens the courts image, as they themselves have the authority, if proven not ‘true and correct’ to hold those individuals accountable for false claims, but since the State does not have to do the same it leaves a different standard open for abuse by the State. 4. The State of Michigan is running a war on the Native Indian population for the US Government.

(Id. at PageID.13). Initially, the Undersigned notes that Cassaday has a history of similar lawsuits with respect to a war on Native Americans. See Cassaday, 2022 WL 14486299, at *1 (“The complaint asserted that Cassaday had been discriminated against ‘by the systematic targeting of natives here in America’ and that he had ‘been targeted since [the] approval of his social security case, systematically to take him out.’”). These types of claims are the quintessential “fantastic or delusional scenarios” meant to be

weeded out under § 1915. Krusell v. Biden, No. 21-cv-484, 2021 WL 3489613, at *1 (W.D. Mich. Aug. 9, 2021) (citing Neitzke v. Williams, 490 U.S. 319, 327–28 (1989); Lawler v. Marshall, 898 F.2d 1196, 1199 (6th Cir. 1990)). This claim should

thus be dismissed as frivolous. As for his other claims, Cassaday has failed to allege facts sufficient to make his claims “plausible” rather than merely “possible.” Twombly, 550 U.S. at 570. At first glance, the complaint appears to argue that his vexatious litigant status before

Michigan courts is unconstitutional.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Tropf v. Fidelity National Title Insurance Company
289 F.3d 929 (Sixth Circuit, 2002)
Reich v. State Highway Commission
204 N.W.2d 226 (Michigan Court of Appeals, 1972)
Rusha v. Department of Corrections
859 N.W.2d 735 (Michigan Court of Appeals, 2014)
Bovee v. Coopers & Lybrand C.P.A.
272 F.3d 356 (Sixth Circuit, 2001)
Horner's Trucking Service, Inc. v. State Highway Department
236 N.W.2d 122 (Michigan Court of Appeals, 1975)
Landrith v. Schmidt
732 F.3d 1171 (Tenth Circuit, 2013)
Chance v. Todd
74 F. App'x 598 (Sixth Circuit, 2003)
Wells v. Brown
891 F.2d 591 (Sixth Circuit, 1989)
De Long v. Hennessey
912 F.2d 1144 (Ninth Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
Kevin William Cassaday v. State of Michigan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-william-cassaday-v-state-of-michigan-mied-2026.