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Tylon v. Kloak
Citation: 98 F. App'x 511Docket: No. 03-3313
Court: Court of Appeals for the Seventh Circuit; March 31, 2004; Federal Appellate Court
Jerry Tylon filed a malpractice lawsuit against his criminal defense attorney, Richard Kloak, related to Kloak's representation of Tylon in state criminal charges. The district court dismissed Tylon’s complaint for lack of subject matter jurisdiction, determining no federal statute supported his claims. Tylon’s subsequent motion to reconsider, in which he argued that his complaint included claims for malpractice and conspiracy under 42 U.S.C. § 1985, was also denied. Tylon appealed the dismissal, challenging the court's ruling that his allegations did not provide a basis for federal jurisdiction. The court reiterated that a federal district court must dismiss a complaint lacking a legitimate jurisdictional basis, particularly if the allegations are insubstantial or intended solely to invoke federal jurisdiction. The court found Tylon's claims of malpractice, which are based on state law, did not meet diversity requirements, and his conspiracy allegations against Kloak and the prosecutor were deemed insubstantial and frivolous. Consequently, the court affirmed the dismissal of Tylon’s complaint and his motion to reopen the case.