According to a note on the filling, the lawsuit could be thrown out because it does not follow proper form.

Some of the claims in the lawsuit include:
• Loughner is innocent and was hand-picked to be an assassin.
• Giffords was never shot and learned to act the part by watching Ronald Reagan movies.
• Loughner is being waterboarded every day by agents from the NSA, CIA and ATF.
• Microchips have been placed in his head and he is the victim of a worldwide conspiracy.
• Giffords is part of the Illuminati, a supposed secret organization of the most powerful people in the world.
• Loughner is being targeted with chemtrails, which have made him sick and delusional.
• Giffords help set up rancher Cliven Bundy.
• Mark Kelly, Giffords' husband and a former American astronaut, planted illegal spy equipment in the skies to spy on Americans.
http://www.tucsonnewsnow.com/story/31550031/loughner-suing-giffords-for-emotional-psychological-distress