# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted May 19 , 20 20 *

Decided May 20 , 20 20

Before

JOEL M. FLAUM

, Circuit Judge

ILANA DIAMOND ROVNER

, Circuit Judge

AMY C. BARRETT

, Circuit Judge

No. 20

- 1352

JOSEF TSAU

, Plaintiff

- Appellant

,

v

.

UNITED STATES OF AMERICA

, Defendan t

- Appellee

. Appeal from the United States District

Court for the Northern District of Illinois,

Eastern Division

.

No. 20

- cv

- 1021

Sharon Johnson Coleman

, Judge

.

O R D E R

Josef Tsau sue d the United States g overnment

, alleging that it has long funded the teaching of a religion in the guise of science

, in violation of the First Amendment

. T hrough a “ breakthrough scientific discovery

, ” Tsau says he has uncovered flaws in the

theories that underlie mainstream physics , thereby proving that t he disc ipline is not a

* The defendant was not served with process in the district court and is not participating in this appeal. We have agreed to decide the case without oral argument because the brief and record adequately present the facts and legal arguments, and oral

argumen t would not significantly aid the court. F ED

. R. A PP

. P. 34 (a)(2)(C). NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1No. 20

- 1352 Page 2

science but a religion founded on unsupported beliefs about the universe

. By funding physics research and education, he explains

, the federal g overnment has improperly

promo te d th is religion

. Tsau asked the district court to “stop the corruption of our government to save our science, science education, and to protect the law of the First Amendment[.]” T he court dismissed the case for lack of subject

- matter jurisdiction,

conclud ing that Tsau lacked standi ng to sue because he had not alleged a concrete and particularized injury traceable to the government’s conduct

.

On appeal

, Tsau challenges the ruling that he lacked standing and asserts that he
cannot get “ the credit, the fame, and the financial benefit ” from his discovery until the

g overnment stops its unconstitutional funding of mainstream physics

. These allegations, however, are insufficient to establish an injury in fact, a requirement for standing. Lujan v. Def. of Wildlife , 504 U.S . 555, 560 (1992 )

. As the party invoking f ederal jurisdiction , Tsau need s to demonstrat e that he suffered an injury that “affect[s] [ him ] in a personal and individual way” and is “ actual or imminent , not ‘ conjectural ’ or

‘ hypothetical

. ’ ” Lujan , 504 U.S. at 560 n.1 (1992) (quoting Whitmore v. Arkansas , 495 U.S.
149, 155 (1990)) ; see also Crabtree v. Experian Info. Sol., Inc.

, 948 F.3d 872

, 876 (7th Cir. 2020)

. And a ba ld assertion that t he government has deprived him credit , fame, and

fortune is far

- fetched, well beyond conjecture

, and insufficient to confer standing

. See Crabtree , 948 F.3d at 880 (citing cases).

This is Tsau’s fifth suit against the government on th e same theory

, and each has been dismissed for lack of subject

- matter jurisdiction

. See, e.g.

, Tsau v. Na t’l Sci. Found.

, No. 17 CV 3966 (N.D. Ill. May 14, 201 8 ) ; Tsau v. Nat’l Sc i. Found. , No. 10 C 6323 (N.D. Ill.

Nov

. 1 , 20 1 0 ) ; Tsau v. Nat’l Sci. Found.

, 04 C 5634 (N.D. Ill. Dec. 27, 2004 ) ; Tsau v. Nat’l
Sci. Found., 00 C V 6 (N.D. Ill. Sept. 28, 2000)

. He is hereby warned that further frivolous litigation will subject him to fines and a possible filing bar under Support Sys. Int’l , Inc.

v . Mack , 45 F.3d 185 (7th Ci r. 1995)

.

AFFIRMED