Maria Fernanda Flesner, a New Castle, Colorado resident, sued Family Visitor Program of Garfield County Inc., which does business as Great Expectations, and employee Jenny Lindsay over alleged retaliation and wage violations. Flesner filed pro se claims for False Claims Act retaliation, wrongful discharge in violation of public policy, Colorado Wage Act violations, and Fair Labor Standards Act violations.
U.S. Magistrate Judge Richard T. Gurley found multiple deficiencies in Flesner's filing, including her failure to use the court-approved complaint form. More significantly, Gurley ruled that Flesner cannot proceed pro se on her False Claims Act claim, explaining that 'a relator cannot assert a pro se claim under the FCA' because 'the United States is the real party in interest,' citing precedent from the Second Circuit.
Flesner submitted her complaint and jury demand on April 1, 2025, along with an application to proceed without paying court fees. The court conducted its review under local civil rules and identified the filing deficiencies that must be corrected.
The judge gave Flesner 30 days to cure all deficiencies or face dismissal without prejudice, and directed her to use the current court-approved complaint form available on the court's website. The ruling highlights the challenge pro se litigants face in False Claims Act cases, which typically require sophisticated legal representation due to their complexity and the government's underlying interest.