Roy C. Derksen v. State of Wisconsin

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 10, 2024*
Decided May 10, 2024
Before
FRANK H. EASTERBROOK, Circuit Judge
AMY J. ST. EVE, Circuit Judge
JOHN Z. LEE, Circuit Judge
No. 23-3194
ROY C. DERKSEN,
Plaintiff-Appellant,
v.
STATE OF WISCONSIN, et al.,
Defendants-Appellees.
Appeal from the United States District
Court for the Eastern District of
Wisconsin.
No. 23-C-0997
Lynn Adelman,
Judge.
O R D E R
A traffic stop resulted in Roy Derksen’s arrest by deputy sheriffs in Fond du Lac
County, Wisconsin. He was detained and then charged with fleeing from an officer,
WIS . S TAT. § 346.04, and resisting an officer, W IS . S TAT. § 946.41. The prosecution
remains ongoing—Derksen’s frivolous attempt to “remove” the criminal prosecution to
* We have agreed to decide the case without oral argument because the appeal is
frivolous. F ED. R. A PP . P. 34(a)(2)(A).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with F ED. R. APP . P. 32.1

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No. 23-3194 Page 2
federal court having been rebuffed. See Wisconsin v. Derksen, No. 23-C-1125 (E.D. Wis.
Aug. 25, 2023).
Meanwhile, Derksen sued the State of Wisconsin and various state and local
entities in federal court, asserting that enforcing Wisconsin’s “quasi administrative law”
against him is unconstitutional because Wisconsin is “a fictional entity of unrevealed
status, and no proof of lawful existence and authority, and unproven standing to sue.”
The court dismissed Derksen’s complaint because his claims are based on a frivolous
theory of sovereign citizenship. See United States v. Benabe, 654 F.3d 753, 767 (7th Cir.
2011). And it was obviously correct to do so. We have repeatedly rejected variations of
claims like Derksen’s that states are not legal entities and United States citizens are not
bound by state law (or vice versa). See Bey v. Indiana, 847 F.3d 559, 560 (7th Cir. 2017).
Derksen has 14 days to show cause why he should not be subject to sanctions,
including an order to pay the appellees’ fees and costs. See F ED. R. A PP . P. 38.
AFFIRMED

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