Opinion
C. A. 6:22-cv-04266-TMC-KFM
02-23-2023
Michael Gazich, Plaintiff, v. Mark John Harden, Defendant.
REPORT OF MAGISTRATE JUDGE
Kevin F. McDonald United States Magistrate Judge
The plaintiff, a pretrial detainee proceeding pro se and in forma pauperis, brought this action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights. Pursuant to the provisions of 28 U.S.C. § 636(b), and Local Civil Rule 73.02(B)(2)(d) (D.S.C.), this magistrate judge is authorized to review all pretrial matters in cases filed under 42 U.S.C. § 1983 and submit findings and recommendations to the district court.
The plaintiff's complaint was entered on the docket on November 28, 2022 (doc. 1). By order filed February 6, 2023, the plaintiff was informed that his complaint was subject to summary dismissal because it failed to state a claim upon which relief may be granted, and that he could attempt to cure the defects identified in his complaint by filing an amended complaint within 14 days (doc. 20). The plaintiff was informed that if he failed to file an amended complaint or otherwise cure the deficiencies outlined in the order, the undersigned would recommend that his case be dismissed (id. at 6-7). On February 21, 2023, the plaintiff's amended complaint was entered on the docket (doc. 22). Because the plaintiff's amended complaint likewise fails to state a claim upon which relief may be granted, the undersigned recommends dismissal of the case.
ALLEGATIONS
This is a § 1983 action filed by a pretrial detainee regarding events surrounding his arrest in October 2021 (doc. 22). The plaintiff's allegations surround his arrest for possession of a weapon during a violent crime, criminal sexual conduct first degree, kidnapping, and assault/attempted murder (a charge for domestic violence of a high and aggravated nature was dismissed in July 2022). See Greenville County Public Index, https://publicindex.sccourts.org/Greenville/ PublicIndex/PISearch.aspx (enter the plaintiff's name and 2021A2330209377, 2021A2330209378, 2021A2330209379, 2021A2330209380, 2021A2330209381) (last visited February 22, 2023).
The plaintiff alleges violations of his Fourth Amendment rights based on false arrest and fruit of the poisonous tree doctrine (doc. 22 at 4). The plaintiff alleges that there was no arrest or search warrant or other proof provided before he was arrested and that the defendant illegally used law enforcement powers in arresting him (id. at 5-6). The plaintiff alleges no injuries, but seeks money damages from the defendant (id. at 6).
STANDARD OF REVIEW
The plaintiff filed this action pursuant to 28 U.S.C. § 1915, the in forma pauperis statute. This statute authorizes the District Court to dismiss a case if it is satisfied that the action “fails to state a claim on which relief may be granted,” is “frivolous or malicious,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). Further, the plaintiff is a prisoner under the definition of 28 U.S.C. § 1915A(c), and “seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). Thus, even if the plaintiff had prepaid the full filing fee, this Court is charged with screening the plaintiff's lawsuit to identify cognizable claims or to dismiss the complaint if (1) it is frivolous, malicious, or fails to state a claim upon which relief may be granted, or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A.
As a pro se litigant, the plaintiff's pleadings are accorded liberal construction and held to a less stringent standard than formal pleadings drafted by attorneys. See Erickson v. Pardus, 551 U.S. 89 (2007) (per curiam). The requirement of liberal construction does not mean that the Court can ignore a clear failure in the pleading to allege facts which set forth a claim cognizable in a federal district court. See Weller v. Dep't of Soc. Servs., 901 F.2d 387, 391 (4th Cir. 1990).
This complaint is filed pursuant to 42 U.S.C. § 1983, which “‘is not itself a source of substantive rights,' but merely provides ‘a method for vindicating federal rights elsewhere conferred.'” Albright v. Oliver, 510 U.S. 266, 271 (1994) (quoting Baker v. McCollan, 443 U.S. 137, 144 n. 3 (1979)). A civil action under § 1983 “creates a private right of action to vindicate violations of ‘rights, privileges, or immunities secured by the Constitution and laws' of the United States.” Rehberg v. Paulk, 566 U.S. 356, 361 (2012). To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).
DISCUSSION
As noted above, the plaintiff filed the instant action pursuant to § 1983, seeking damages from the defendants. However, the plaintiff's amended complaint is subject to summary dismissal.
Younger Abstention
To the extent the plaintiff's reference to the fruit of the poisonous tree doctrine could be construed as a request that this court rule evidence inadmissible in his pending state court proceedings, this court should abstain from interfering with the pending state court proceedings. A federal court may not award injunctive relief that would affect pending state criminal proceedings absent extraordinary circumstances. In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court held that a federal court should not interfere with state criminal proceedings “except in the most narrow and extraordinary of circumstances.” Gilliam v. Foster, 75 F.3d 881, 903 (4th Cir. 1996). Younger noted that courts of equity should not act unless the moving party has no adequate remedy at law and will suffer irreparable injury if denied equitable relief. Younger, 401 U.S. at 43-45; see also Sprint Commc'ns, Inc. v. Jacobs, 571 U.S. 69, 72-73 (2013) (explaining the circumstances when Younger abstention is appropriate). From Younger and its progeny, the Fourth Circuit Court of Appeals has culled the following test to determine when abstention is appropriate: “(1) there are ongoing state judicial proceedings; (2) the proceedings implicate important state interests; and (3) there is an adequate opportunity to raise federal claims in the state proceedings.” Martin Marietta Corp. v. Md. Comm'n on Human Relations, 38 F.3d 1392, 1396 (4th Cir. 1994) (citing Middlesex Cnty. Ethics Comm. v. Garden State Bar Assn, 457 U.S. 423, 432 (1982)).
Here, the first criterion is met, as the plaintiff is involved in ongoing state criminal proceedings. As for the second criterion, the Supreme Court has stated that the “States' interest in administering their criminal justice systems free from federal interference is one of the most powerful of the considerations that should influence a court considering equitable types of relief.” Kelly v. Robinson, 479 U.S. 36, 49 (1986). The Court also addressed the third criterion in noting “‘that ordinarily a pending state prosecution provides the accused a fair and sufficient opportunity for vindication of federal constitutional rights.'” Gilliam, 75 F.3d at 904 (quoting Kugler v. Helfant, 421 U.S. 117, 124 (1975)). Here, the plaintiff has the opportunity to argue the application of the fruit of the poisonous tree doctrine in his state criminal proceedings. As such, the plaintiff has not made a showing of “extraordinary circumstances” justifying federal interference with the state proceedings. See Robinson v. Thomas, 855 F.3d 278, 286 (4th Cir. 2017) (“A federal court may disregard Younger's mandate to abstain from interfering with ongoing state proceedings only where ‘extraordinary circumstances' exist that present the possibility of irreparable harm.”). Therefore, to the extent the plaintiff seeks an order from this court finding certain evidence inadmissible in his pending state court proceedings, this court should abstain from interfering with the state court proceedings. As for the plaintiff's remaining damages claims, federal courts typically stay rather than dismiss claims for money damages during the pendency of the state court proceedings. See Deakins v. Monaghan, 484 U.S. 193, 202 (1988). Nevertheless, dismissal rather than a stay is appropriate when the plaintiff's damages claims are “plainly barred” for other reasons. See Nivens v. Gilchrist, 444 F.3d 237, 248-50 (4th Cir. 2006). Here, as set forth in detail below, the plaintiff's claims, are barred for other reasons; thus, the instant matter is subject to summary dismissal.
False Arrest Claim
The plaintiff's claim that Deputy Harden wrongfully arrested him using law enforcement powers is subject to summary dismissal. Section 1983 actions premised on malicious prosecution, false arrest, and/or false imprisonment are analyzed as actions claiming unreasonable seizures in violation of the Fourth Amendment. See, e.g., Brown v. Gilmore, 278 F.3d 362, 367-68 (4th Cir. 2002) (recognizing that a plaintiff alleging a § 1983 false arrest claim needs to show that the officer decided to arrest him without probable cause to establish an unreasonable seizure under the Fourth Amendment); Rogers v. Pendleton, 249 F.3d 279, 294 (4th Cir. 2001) (stating claims of false arrest and false imprisonment “are essentially claims alleging a seizure of the person in violation of the Fourth Amendment”).
However, “an indictment, fair upon its face, returned by a properly constituted grand jury, conclusively determines the existence of probable cause.” Durham v. Horner, 690 F.3d 183, 189 (4th Cir. 2012) (quoting Gerstein v. Pugh, 420 U.S. 103, 117 n.19 (1975)); see also Provet v. South Carolina, et al., C/A No. 6:07-cv-001094-GRA-WMC, 2007 WL 1847849, at *5 (D.S.C. June 25, 2007) (section 1983 claims of false arrest and malicious prosecution were precluded because of indictment). This Court, as noted above, has taken judicial notice of the plaintiff's state criminal proceedings, including grand jury indictments related to his arrest in October 2021, for possession of a weapon during a violent crime, criminal sexual conduct first degree, kidnapping, and assault/attempted murder. See Greenville County Public Index, https://publicindex.sccourts.org/Greenville/ PublicIndex/PISearch.aspx (enter the plaintiff's name and 2021A2330209377, 2021A2330209379, 2021A2330209380, 2021A2330209381) (last visited February 22, 2023). The indictments act as a bar to the plaintiff's claims; as such, the instant matter is subject to summary dismissal.
A charge for domestic violence of a high and aggravated nature was dismissed based upon prosecutorial discretion (Case Number 2021A2330209378); however, the lack of a grand jury indictment on this charge does not affect that probable cause for the plaintiff's arrest because probable cause for the plaintiff's arrest has been established by the remaining charges, all of which were indicted. See Holloman v. City of Myrtle Beach, C/A No. 4:04-cv-01868, 2006 WL 4869353, at *7 (D.S.C. June 8, 2006) (noting that “where an arrestee is charged with multiple offenses, ‘if there was probable cause for any of the charges made then the arrest was supported by probable cause'” (internal citation and alterations omitted)), aff'd 235 Fed.Appx. 159 (4th Cir. 2007).
Abandoned Claim
The plaintiff's amended complaint appears to abandon his claim regarding deliberate indifference to medical needs because the amended complaint omits mention of the claim (see doc. 22). The plaintiff was warned that an amended complaint replaces the complaint and “should be complete in itself (doc. 20 at 6-7 (citing Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001)). As such, the undersigned recommends dismissal of the plaintiff's abandoned claim. To the extent the plaintiff did not intend to abandon this claim, for the reasons set forth in the court's prior order, the claims would still be subject to summary dismissal (see doc. 20 at 5-6).
RECOMMENDATION
By order issued February 6, 2023, the undersigned gave the plaintiff an opportunity to correct the defects identified in his complaint and further warned the plaintiff that if he failed to file an amended complaint or failed to cure the identified deficiencies, the undersigned would recommend to the district court that the action be dismissed with prejudice and without leave for further amendment for failure to state a claim. Despite filing an amended complaint, the plaintiff has not cured the deficiencies identified in the order dated February 6, 2023 (doc. 20). Therefore, the undersigned recommends that the district court dismiss this action with prejudice, without further leave to amend, and without issuance and service of process. See Britt v. DeJoy, 45 F.4th 790, 791 (4th Cir. 2022) (published) (noting that “when a district court dismisses a complaint or all claims without providing leave to amend . . . the order dismissing the complaint is final and appealable”). The attention of the parties is directed to the important notice on the following page.
IT IS SO RECOMMENDED.
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committees note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
250 East North Street, Room 2300
Greenville, South Carolina 29601
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).