Posted by Eugene Volokh:
The "They Ruined My Christmas" Doctrine
http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239923183
rejected by the federal district court for the District of Arizona, in
Yount v. Regent University, Inc., No. CV-08-8011-PCT-DGC (April 14):
Plaintiff moved for sanctions on January 16, 2009 due to
Defendant's method and timing of service: �[t]he Certificate of
Service [states that Defendant's motion] was sent by �Mail� on
December 20th when, in fact, it was hand delivered [by Fed Ex] ...
on December 24[.]� Dkt. # 68 at 2. Plaintiff asserts this Christmas
Eve service reflected an effort by Defendant to disrupt Plaintiff's
holiday and to violate his rights under the First Amendment.
To quote the plaintiff, "Obviously, the Defendant wanted to taint the
Plaintiff's religious celebrations, and as an officer of the Court,
Mr. Myer should be cautious of violating the Plaintiff's First
Amendment rights during his religious celebrations."
No dice, says the court, presumably taking the view that no-one has
the right to a Christmas unmarred with memories of service of process.
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