U.S. Supreme Court rejects appeal by 'vexatious litigant'

Chris Rizo Nov. 17, 2008, 11:13am

U.S. Supreme Court building

WASHINGTON (Legal Newsline) - A paralyzed man who has sued hundreds of California small businesses to gain accommodations for the disabled on Monday lost his appeal to the U.S. Supreme Court to lift an order requiring special permission for him to file new lawsuits.

Jarek Molski of Woodland Hills, Calif., has filed nearly 400 lawsuits in which he alleged that businesses were in violation of the federal Americans with Disabilities Act for such things as not having sufficient handicap parking spaces and having counter spaces too high.

U.S. District Judge Edward Rafeedie for the Central District of California labeled Molski "vexatious litigant." The 9th U.S. Circuit Court of Appeals upheld the judge's finding.

The appeals court said while it acknowledges that Molski's numerous suits were "probably meritorious in part," the district court had "ample basis to conclude that Molski trumped up his claims of injury."

The 9th U.S. Circuit concluded in August 2007 that Molski used lawsuits and exaggerated allegations as a "harassing device" to extract cash settlements from defendants.

"In light of these conflicting considerations and the relevant standard of review, we cannot say that the district court abused its discretion in declaring Molski a vexatious litigant and in imposing a pre-filing order against him," the ruling said.

On Monday, the nation's high court rejected Molski's appeal without comment.

The case is Molski v. Evergreen Dynasty Corp., 08-38.

From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com.

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