You all remember Amro Elansari, patron saint of MMO Fallout and guy who is constantly sticking it to the man. What do you stick to the man? Chewing gum, probably.
Last we heard from Mr. Elansari, he had just come off of a failed lawsuit against Jagex over claims that being muted in RuneScape constituted a violation of his freedom of speech, due process, and human rights. Judge Kearney, patron saint of shutting down nonsense, dismissed the case with prejudice noting that a private company like Jagex could not be charged with violations of the constitution. Most definitely they could not be sued on such grounds in state court. Elansari was informed that he could file in federal court should he decide to.
And he decided to, as Elansari appealed to the third circuit federal court who…shut it down immediately. In his appeal, Elansari brought forward a fourteenth amendment complaint which Judges Schwartz, Restrepo, and Rendell noted would require a state actor working with Jagex. If Jagex had a secret state government employee that they were conspiring with to squash Elansari’s constitutional rights, he might have a lawsuit. Elansari did not present any such claim of a state actor, and as a result the lawsuit is kaput.
Elansari also attempted a Title II claim of unequal treatment which would require discrimination based on protected status (race, gender, religion, etc) but Elansari did not make any claim as to his punishment being a result of discrimination. The most recent court filing dismissing the lawsuit is below.
Source: Justia
