West Virginia Evolution Suit Dismissed

Back in May we posted West Virginia Evolution Litigation. Kenneth Smith, representing himself, filed a suit in the U.S. District Court for the Northern District of West Virginia, alleging that teaching evolution, which he claims is a religion, violates his child’s Constitutional rights.

He named several defendants, including his county’s Board of Education, U.S. Secretary of Education Arne Duncan, and the U.S. Department of Education. Among his allegations, he claimed that there was no math to back up evolution, which proves that it’s a religion.

Our friends at the National Center for Science Education (NCSE) have been watching the case, and this just appeared at their website: Antievolution lawsuit dismissed in West Virginia. They say, with bold font added by us.

A federal lawsuit contending that teaching evolution in West Virginia’s public schools is unconstitutional is over. In the decision (PDF) in Smith v. Jefferson County School Board et al., issued by the United States District Court for the Northern District of West Virginia on August 25, 2015, the defendants’ motions to dismiss the case were granted. The complaint was dismissed with prejudice, so the plaintiff is not able to file the claim again.

NCSE provides links to several of the court pleadings, including the impressive, four-page complaint and the court’s Order Granting Defendants’ Motion to Dismiss.

The final order is 12 pages long. A few excerpts are amusing:

[T]he Plaintiff has filed a series of motions and other documents. On June 8, 2015, he filed a document titled “statement of the case,” together with sixty exhibits. Ten days later, he filed a motion for settlement and a motion to strike. On July 1, 2015, he filed a motion to address discovery. Since that time, he has continued to file repetitive motions and other documents. The Court has reviewed each of the Plaintiff’s filings and finds that all of his motions should be denied.

The order then mentions some of the plaintiff’s earlier litigation — all of which was dismissed — and says:

The instant case presents an amalgam of the defendants and claims involved in those earlier proceedings. Here, as in the 2007 litigation, the Plaintiff has named the [Board of Education] as a defendant, but he has also named multiple federal defendants that were sued in 2010 and 2011. Once more, he has asserted claims concerning public schools and their refusal to stop teaching evolution and to start teaching his “mathematical system of genetic variations” … .

This is from the final part of the order (bold font and capitalization in the original):

Accordingly, the Court ORDERS that the West Virginia Defendants’ Motion to Dismiss and the Federal Defendants’ Motion to Dismiss are hereby GRANTED. The Court ORDERS that the Plaintiff’s Complaint, be DISMISSED WITH PREJUDICE, and that this matter be stricken from this Court’s active docket.

Poor Kenneth Smith. The Darwinists are too strong. He can’t get any justice. But he can always appeal. That should be fun.

Copyright © 2015. The Sensuous Curmudgeon. All rights reserved.

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16 responses to “West Virginia Evolution Suit Dismissed

  1. These nuisance suits cost taxpayers a lot of money. Seems like Kenneth Smith has done this a lot in the past; he should be billed going forward if any future suits he files come to the same end.

  2. Man; wouldn’t you just love to get your hands on Kenneth Smith’s elaboration of his “accurate scientific mathematical system of genetic variations that proves evolution is a religion”?

    It just has to be a hoot!

  3. michaelfugate

    You can find it here The True Origin of Man

    Make sense of this: “The Smith Chart utilizes proven mathematical calculations, to deliver accurate predictions with the DNA genome variation results. The data is extracted from 100% human genetic normal conformation as the variation reference.”

  4. There is a problem here, but it has nothing to do with the Theory of Evolution. It’s this: fruitloops can file court papers. That is to say, any random semi-literate, afflicted with the worst excesses of Dunning-Kruger, can erect a personal obsession into a mountain of nonsense, and can waste a court’s time with it, and hence the taxpayers’ money.

    I waded through the heads of this loon’s “complaint”. I read what he calls an introduction to his “theory”. For rococo cack-wittedness, I haven’t seen anything to touch it since the last perpetual motion device I watched being demonstrated on Youfool. But he can make a judge actually take note of it, if only to dismiss it with prejudice, as here.

    It’s one of the costs of democracy, I suppose.

  5. Wait, the Smith chart?!?! THE SMITH CHART?!?!?! You have GOT to be [edited out] me! The Smith chart is useful for tuning antennas, seeing whether a transmission line has an impedance mismatch, essentially dealing with various RF problems. Dealing with genetics? Oh. Come. ON!

    [quietly steps down from soapbox]

  6. I wish I believed that episodes like this one would finally discourage creationists from trying to use the legal system to mount what are claimed to be scientific challenges to the theory of evolution.

    But I don’t. Creationists are driven by superstition, and as the saying has it, the essence of superstition is repetition of the same unsuccessful behavior over and over again in the belief that this time it will work.

  7. I waded through the heads of this loon’s “complaint”. I read what he calls an introduction to his “theory”. For rococo cack-wittedness, I haven’t seen anything to touch it since the last perpetual motion device I watched being demonstrated on Youfool. But he can make a judge actually take note of it, if only to dismiss it with prejudice, as here.

    Just another galah that took on the windscreen of the US courts.

  8. Mike, I didn’t know you spoke the language of my country!

  9. @Gary: I think you can relax. Since the loon’s name is Kenneth Smith, he’s probably refering to a chart of his own invention. And it’s most likely as useful as the Time Cube.

  10. @ Dave Luckett:

    I have some vague recollection that I may have mentioned this to you a number of years ago. I have the autobiography of my great-great grandfather, born near Manchester, England, and who sailed many places around the world out of Australia back in the 1850s. He also spent some time on a trip up the Murray River, did a little gold digging, and hunted with some Aborigines. He ended up for about a week in a jail in Goolwa for mutinying against the captain of the “Leichhardt” over the captain’s putting the ship, crew, and passengers in considerable danger while heading up the Murray.

    He came to the US during our Civil War, sailing in and out of blockades, and ended up on the Great Lakes sailing as captain of his own ships for many more years.

    I may also have some distant relatives in Australia and Tasmania. As a result, I got very interested in Australia, Van Diemen’s Land (Tasmania) and Hobarttown (Hobart), and the many of the other places he sailed. I have also had some internet communications with a historian, Paul Turnbull, at the University of Queensland – and also a Professor of Digital Humanities at the University of Tasmania – about my g-g-father’s journeys.

    I have had a number of Australian friends over the years. So I guess I may have accidentally picked up a little Aussie. Hope to get up there sometime.

  11. Come, and come over to the west coast. We have the main submarine base for the Australian navy here. Tinker toys to what you saw, but still. And we have a spare room.

  12. I apologize for being somewhat off-topic, but I am breathless with anticipation of the IDiot’s response to the discovery of an apparent early-Homo species (as reported in the Washington Post):

    Fossils Found in African Cave Are a New Species of Human Kin

    I ain’t no kin to no Homo naledi!

  13. Just in time for the kids to read National Geographic’s piece on
    Homo naledi.
    Perfect !

  14. Evolution is a religion??????

    bwahahahahahahahahahahahahahahahahaha

  15. @Pope RSG:

    Since the loon’s name is Kenneth Smith, he’s probably refering to a chart of his own invention.

    Somehow, that’s even worse. It’s analogous to having the name “Fermi” or “Boltzmann” and coming up with a constant it and calling it by my name. Just a way to ride on the coattails of truly great scientists.