Richard A. Luthmann, an attorney in the New York borough and apparently a superfan of HBO’s Game of Thrones TV show, has filed a court brief asking a judge to grant a trial by combat in a civil suit. We aren’t even kidding, and neither is Luthmann, who claims that the practice has not been outlawed in the U.S. or New York state and is suggesting it to point out the absurdity of the plaintiffs’ allegations.
In his 10-page brief, the lawyer outlined the centuries old-tradition of trials by combat, and claimed that the practice was never officially abolished by the Constitution. He also understands how grave the request is.[blockquote type=”left”]“The allegations made by plaintiffs, aided and abetted by their counsel, border upon the criminal. As such, the undersigned (Luthmann) respectfully requests that the court permit the undersigned to dispatch plaintiffs and their counsel to the Divine Providence of the Maker for Him to exact His divine judgment once the undersigned has released the souls of the plaintiffs and their counsel from their corporeal bodies, personally and or by way of a champion.”[/blockquote]
It’s more than just a case to Luthmann. He’s standing on principle, arguing that the Ninth Amendment doesn’t preclude trials by combat. “I’d love to have a court determine whether we have those rights under the Constitution.” The Ninth Amendment, as you might recall, protects those rights not enumerated in the Constitution. In other words, the people have a right to do anything that’s not prohibited by the Constitution.
In Game of Thrones, there have been three instances of trial by combat so far. One of the main characters, Tyrion Lannister, played by actor Peter Dinklage, twice invokes his right, naming champions to fight on his behalf.
Luthmann has not divulged whether he would serve as his own champion or select someone to fight on his behalf like Tyrion Lannister. If he were smarthe would want to retain the services of Hafþór Julius Bjornsson, who plays The Mountain on the TV show and recently retained his title as Europe’s Strongest Man.