Brian Lewis v. Bobby Jindal, 368 F. App'x 613 (5th Cir. 2010). · Go Syfert
Brian Lewis v. Bobby Jindal, 368 F. App'x 613 (5th Cir. 2010). Cases Citing This Book View Copy Cite
56 citation events (56 in the last 25 years) across 9 distinct courts.
Strongest positive: Jason L. Bliss v. Mark Zimmerman, et al. (paed, 2026-02-20)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
2020 2023 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jason L. Bliss v. Mark Zimmerman, et al.
E.D. Pa. · 2026 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Aaron Chase-Keyes v. Montgomery County Public Defender’s Office, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Irvin G. Murray v. U.S. Treasury, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Jason L. Bliss v. PSP Fogelsville, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Jason L. Bliss v. Lehigh County Parole, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Tomarcus Porter v. Johnathen Tynes, Et Al.
E.D. La. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution
examined Cited as authority (verbatim quote) Jason Bliss v. Allentown Police Department, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Sepulvado v. Sweet
W.D. La. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) King v. Slidell City
E.D. La. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution
examined Cited as authority (verbatim quote) LITTLE v. OUTLAW
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) JENNINGS v. JENNINGS
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) SHIELDS v. EAST LAMPETER TOWNSHIP
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Carroll v. Kilgore
W.D. Va. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well- settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) GRAHAM v. FEMA
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Anderson v. Smith
W.D. La. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well- settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution
examined Cited as authority (verbatim quote) VARGAS v. MCCAULEY
E.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) FRANCIS v. SMITH
E.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) HARRISON-EL v. DR. DOE
E.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) GRIMES v. THE DETENTION CENTER
E.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) Burton v. Craig
E.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) ROTAR v. UPPER POTTSGROVE POLICE DEPARTMENT
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) GEDEON v. PRATTER
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) BOYER v. BRUNO
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) WILLIAMS v. DOOLEY
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) HELMS v. HAYES
E.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) WILLIAMS v. MAYNARD
E.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) GEDEON v. UNITED STATES
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
tt is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) MOURATIDIS v. JUDGE IDEE C. FOX
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) MOURATIDIS v. MATTHEW
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) MOURATIDIS v. WOLF
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) HARRISON-EL v. OFFCR. GAFFNEY
E.D. Pa. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) PERRY v. PAOLILLO (ROMERO)
E.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) DAVIS v. PHILADELPHIA POLICE DEPT.
E.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
discussed Cited as authority (verbatim quote) EDWARDS v. LINDENWOLD POLICE DEPARTMENT
D.N.J. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion.
examined Cited as authority (verbatim quote) BURK v. WEST
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
discussed Cited as authority (verbatim quote) EDWARDS v. MAYER
D.N.J. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion.
examined Cited as authority (verbatim quote) JACKSON v. HOLLAND
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) ZAHIR v. MOUNTCASTLE
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) SZILAGYI v. MCCLURE
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) LITTLE v. PENUEL
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
examined Cited as authority (verbatim quote) KORNAFEL v. GREEN
E.D. Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor's discretion, and private citizens do not have a constitutional right to compel criminal prosecution.
discussed Cited as authority (rule) Sean Alquan Souels, Jr. v. Brittany Gladys Clipperton
E.D. Pa. · 2025 · confidence medium
See Kent v. Ed Carber Inc., 467 F. App’x 112, 113 (3d Cir. 2012) (per curiam) (affirming dismissal of claims seeking initiation of criminal charges because “a private person does not have a ‘judicially cognizable interest in the prosecution . . . of another’” (quoting Linda R.S. v. Richard D., 410 U.S. 614 , 619 (1973))); Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (“It is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel crim…
discussed Cited as authority (rule) FERRETTI v. EMRICK
E.D. Pa. · 2024 · confidence medium
The demand that Emrick be arrested and imprisoned is also improper because a “private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” See Linda R.S. v. Richard D., 410 U.S. 614 , 619 (1973) (finding that a citizen lacks standing to contest prosecutorial policies “when he himself is neither prosecuted nor threatened with prosecution”) (citations omitted); Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (“It is well-settled that II.
discussed Cited as authority (rule) CORBIN v. FRENCH
E.D. Pa. · 2024 · confidence medium
Section 1915A requires 8 “It is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel criminal prosecution.” Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (citations omitted); Smith v. Friel, No. 19-943, 2019 WL 3025239 , at *4 (M.D.
discussed Cited as authority (rule) EL-BEY v. ALLENTOWN POLICE DEPARTMENT
E.D. Pa. · 2023 · confidence medium
This form of relief is unavailable in this civil action, as “[a] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973) (reinforcing prior decisions “hold[ing] that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution” and explaining that “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another” (citations omitted)); Lewis v. Jindal, 368 F. …
discussed Cited as authority (rule) CORBIN v. JAMES
E.D. Pa. · 2022 · confidence medium
Moreover, “it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel criminal prosecution.” Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (citations omitted); Smith v. Friel, No. 19-943, 2019 WL 3025239 , at *4 (M.D.
discussed Cited as authority (rule) CORBIN v. HACKLAR
E.D. Pa. · 2022 · confidence medium
Moreover, “it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel criminal prosecution.” Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (citations omitted); Smith v. Friel, No. 19-943, 2019 WL 3025239 , at *4 (M.D.
discussed Cited as authority (rule) CORBIN v. FRENCH
E.D. Pa. · 2022 · confidence medium
Moreover, “it is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel criminal prosecution.” Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (citations omitted); Smith v. Friel, No. 19-943, 2019 WL II.
discussed Cited as authority (rule) Magee v. White
S.D. Miss. · 2022 · confidence medium
It is well-settled that a private citizen does “not have a constitutional right to compel a criminal prosecution.” Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010) (citations omitted); see also Payne v. Jefferson Parish Sherriff’s Dep’t, No. 14- 225, 2014 WL 1154482 , *2 (E.D.
cited Cited as authority (rule) Brown v. United States Department of Veterans Affairs
S.D. Miss. · 2021 · confidence medium
May 9, 2018) (quoting Lewis v. Jindal, 368 F. App’x 613, 614 (5th Cir. 2010)).
Retrieving the full opinion text from the archive…
Brian LEWIS; Diana Lewis, Plaintiffs-Appellants
v.
Bobby JINDAL; Kip Holden; Office of the Parish Attorney; Rachel Pitcher Morgan, Commissioner; Janice Clark, Judge; Patricia Wilton, Lawyer, Attorney General’s Office; Bridget Denicola, Lawyer, Attorney General’s Office; David G. Sanders, Lawyer, Attorney General’s Office, Defendants-Appellees
09-31000.
Court of Appeals for the Fifth Circuit.
Mar 8, 2010.
368 F. App'x 613
Brian Lewis, Baton Rouge, LA, pro se., Diana Lewis, Baton Rouge, LA, pro se.
Benavides, Per Curiam, Prado, Southwick.
Cited by 53 opinions  |  Unpublished
PER CURIAM: *

Brian and Diana Lewis appeal the district court’s dismissal of their lawsuit against multiple Louisiana state officials. Appellants sought the commencement of criminal action against various parties involved in a state court civil rights ease which Diana Lewis filed. Appellants claim that the state judge and defendants lied under oath in the state court case and should be criminally prosecuted for perjury. Appellants allege that Appellees are responsible for ensuring that the judge and defendants in the state court case are prosecuted for their prevarications. We[*614] affirm the district court’s judgment dismissing this case as frivolous.

Appellants sued Governor Bobby Jindal, Baton Rouge Mayor Kip Holden, and the Office of the Parish Attorney seeking an order compelling them to prosecute various parties involved in the state court case. The magistrate judge granted Appellants’s motion to proceed in forma pauperis. The magistrate judge found Appellants’s claims frivolous under 28 U.S.C. § 1915(e)(2)(B)® because they alleged no constitutional violations by the defendants, and because Appellants had no constitutional right to commence criminal proceedings on their own. Appellants then added Rachel Pitcher Morgan, the Nineteenth Judicial District Court Commissioner; Judge Janice Clark; and Patricia Wilton, Bridget Denicola, and David G. Sanders, lawyers in the Attorney General’s office, as defendants. Appellants did not make any allegations against these defendants. The magistrate judge recommended dismissal and the district court adopted the magistrate’s recommendations before service of process and before any defendant filed an answer.

Under 28 U.S.C. § 1915(e)(2)(B)®, the court may dismiss an in forma pauperis complaint as frivolous when it lacks an arguable basis in law or fact. Hutchins v. McDaniels, 512 F.3d 193, 195 (5th Cir.2007) (citing Black v. Warren, 134 F.3d 732, 734 (5th Cir.1998)). The court may dismiss the claim “ ‘before service of process or before the filing of the answer’ as long as certain safeguards are met.” Brewster v. Dretke, 587 F.3d 764, 767 (5th Cir.2009) (quoting Ali v. Higgs, 892 F.2d 438, 440 (5th Cir.1990)). We review such dismissals for abuse of discretion. Id.

To assert a claim under § 1983, a “plaintiff must assert the violation of a federal right, not merely a violation of federal law.” Blessing v. Freestone, 520 U.S. 329, 340, 117 S.Ct. 1353, 137 L.Ed.2d 569 (1997) (citing Golden State Transit Corp. v. Los Angeles, 493 U.S. 103, 106, 110 S.Ct. 444, 107 L.Ed.2d 420 (1989)). “The § 1983 remedy encompasses violations of rights secured by federal statutory as well as constitutional law.” Equal Access for El Paso, Inc. v. Hawkins, 509 F.3d 697, 702 (5th Cir.2007) (citing Maine v. Thiboutot, 448 U.S. 1, 4, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980)). “A plaintiff must establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.” James v. Tex. Collin County, 535 F.3d 365, 373 (5th Cir.2008) (citing Anderson v. Pasadena Indep. Sch. Dist., 184 F.3d 439, 443 (5th Cir.1999)).

Appellants have not cited any federal statutes or constitutional rights that would entitle them to force Louisiana authorities to criminally prosecute those involved in their civil rights lawsuit. It is well-settled that the decision whether to file criminal charges against an individual lies within the prosecutor’s discretion, and private citizens do not have a constitutional right to compel criminal prosecution. See United States v. Batchelder, 442 U.S. 114, 124, 99 S.Ct. 2198, 60 L.Ed.2d 755 (1979) (discussing prosecutorial discretion); Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973) (finding that a citizen lacks standard to contest prosecuto-rial policies “when he himself is neither prosecuted nor threatened with prosecution”) (citations omitted); see also Oliver v. Collins, 914 F.2d 56, 60 (5th Cir.1990) (“Contrary to Oliber’s contention, he does not have a constitutional right to have someone criminally prosecuted.”). Therefore, it is clear that Appellants’s claims have no arguable basis in law.

Appellants’s claims also lack any arguable basis in fact. In fact, Appellants do not bring any factual allegations against Appellees personally or allege that any of[*615] their actions caused the deprivation of any rights. See James, 535 F.3d at 373. Because Appellants’s complaint is entirely devoid of an arguable basis in law or fact, we find that the district court did not abuse its discretion by dismissing Appellants’s lawsuit as frivolous.

AFFIRMED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.