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BIUNNO, District Judge.
The complaint says that in October, 1962, Searight was taken to the Eye,
Ear and Speech Clinic in Newark, while in custody, and that the State of
New Jersey there unlawfully injected him in the left eye with a radium
electric beam. As a result, he claims that someone now talks to him on
the inside of his brain. He asks money damages of $12 million.
* * *
The allegations, of course, are of facts which, if they exist, are not
yet known to man. Just as Mr. Houdini has so far failed to establish
communication from the spirit world (See E. L. Doctorow, 'Ragtime', pp.
166--169, Random House, 1974), so the decades of scientific experiments
and statistical analysis have failed to establish the existence of
'extrasensory perception' (ESP). But, taking the facts as pleaded, and
assuming them to be true, they show a case of presumably unlicensed
radio communication, a matter which comes within the sole jurisdiction
of the Federal Communications Commission, 47 U.S.C. 151, et seq. And
even aside from that, Searight could have blocked the broadcast to the
antenna in his brain simply by grounding it. See, for example, Ghirardi,
'Modern Radio Servicing', First Edition, p. 572, ff. (Radio & Technical
Publishing Co., New York, 1935). Just as delivery trucks for oil and
gasoline are 'grounded' against the accumulation of charges of static
electricity, so on the same principle Searight might have pinned to the
back of a trouser leg a short chain of paper clips so that the end would
touch the ground and prevent anyone from talking to him inside his
But these interesting aspects need not be decided here. It is enough
that the bar of the statute of limitations clearly appears from the face
of the complaint and, independently thereof, that the court lacks
jurisdiction. The complaint will be dismissed with prejudice.
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