Man Appeals Dismissal of Traumatic Hand-Job Suit

MANHATTAN (CN) - A Harlem man filed a notice of appeal saying that a federal judge improperly threw out his claims against a Las Vegas-based escort service that he says caused him to suffer a "psychotic disorder" by performing an "illegal sex act" on him.

In the appeal on Monday, Hubert Blackman, reportedly a 22-year-old resident of East Harlem, says that the courts failed to perform an investigation pursuant to a statute related to American Indian children.

Blackman's original complaint, filed pro se in January, states that on the evening of Dec. 17, 2010, an escort from Las Vegas Exclusive Personals "had did [sic] an illegal sex act on me during her paid services to me."

The Smoking Gun later identified the act in question as a hand job.

"I almost had gotten arrested," Blackman claims in the complaint.

Blackman sought the return of his $275 payment, plus $1.8 million in damages.

Although his complaint states that there were no witnesses, it adds: "Technology acknowledged everything."

Blackman asked the court for damages related to "treatment on mental condition: psychotic disorder."

U.S. District Judge Loretta Preska threw out the case last week, citing lack of jurisdiction.

"In this action, plaintiff indicates that he resides in New York, New York," Preska wrote on Feb. 1. "Plaintiff indicates that defendant's business is located in Las Vegas, Nevada. Plaintiff, however, has failed to allege to a 'reasonable probability' that he has a cognizable claim in excess of $75,000. Therefore, as plaintiff fails to demonstrate plausibly that his claims arise under the court's diversity subject matter jurisdiction, his claims must be dismissed."

But Blackman says the federal judge made a key oversight.

In his recently filed, hand-written notice of appeal, Blackman claims that the "federal question was not properly invoked which is character investigations of Title 25, Ch. 34, Sec. 3207."

The statute Blackman cited apparently refers to investigations regarding Indian children.

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