CIVIL ACTION NO. RWT-09-2430.
September 24, 2009
ROGER TITUS, District Judge
On September 15, 2009, the court received for filing Darryl Heath Jones's ("Jones") civil rights complaint for declaratory and injunctive relief and request for an aggregate $11,500,000.00 in damages, against Hagerstown, Maryland executive, prosecutorial, law enforcement, and legal officers. The allegations go to Jones's arrest, prosecution, and conviction on drug charges.
Jones claims that criminal charges were filed against him even after audio and video records made by a confidential narcotics informant showed he was not involved in drugs. He accuses police officers of participating in a conspiracy to violate his constitutional rights under federal and state law. Jones further accuses the local prosecutor of malicious prosecution and of his trial counsel of violating his Sixth Amendment rights and Md. Rule 4-242.
Md. Rule 4-242 concerns method of plea offerings in criminal proceedings.
To the extent that Jones is seeking declaratory or compensatory relief for unconstitutional imprisonment, his action against Defendants may not proceed. A civil rights damage claim for unconstitutional imprisonment is not appropriate unless and until Jones's convictions or sentences have been reversed on appeal, expunged by executive order, declared invalid by tribunal authorized to make such a determination, or called into question by a federal court's issuance of a writ of habeas corpus. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Jones claims that the alleged unconstitutional conduct resulted in his receiving a six-year sentence. State court records show that Jones was charged with three counts of drug conspiracy and one count of common nuisance/distribution of CDS in the Circuit Court for Washington County. He was convicted of one count of conspiracy to manufacture/distribute marijuana on or about October 7, 2008. Defendants Semler, Webster, Toston, Strong, Fortson, and Henley were the charging/arresting officers, prosecutor, and defense attorney in that criminal case. See State v. Jones, Criminal No. 21K08041230 (Circuit Court for Washington County) (docket copy attached). Jones cannot show that his state conviction has been overturned or otherwise vacated. Therefore, his complaint for declaratory relief and damages is barred under the rule of Heck.
To the extent that Jones seeks to attack the validity of his conviction and obtain his release from confinement via injunctive relief, he may file a timely and exhausted 28 U.S.C. § 2254 habeas corpus petition. A separate order follows.
Circuit Court of Maryland Go Back
Case Information Circuit Court for Washington County — Criminal System 21K08041230 State of Maryland vs DARRYL HEATH JONES Information 06/12/2008 Reopened/Active Defendant Information (Each Alias, Address, and Attorney for the Defendant is displayed) JONES, DARRYL HEATH African American M 0 04/29/1967 133 E Baltimore Street, Apt 2 Hagerstown MD 21740 Maryland Correctional Training Ctr Hagerstown MD 21746 Attorney(s) for the Defendant Semler, II, Bernard W 629 Oak Hill Avenue Hagerstown MD 21740 Russell, Esq, David Office Of The Public Defender 7500 Governor Ritchie Hwy Glen Burnie MD 21061 Court Scheduling Information Arraignment/Initial Appearance 07/15/2008 09:30 AM Held/Concluded 07/15/2008 Hearing 10/07/2008 09:30 AM Held/Concluded 10/07/2008 Post Conviction Hearing 01/19/2010 01:30 PM Charge and Disposition Information (Each Charge is listed separately. The disposition is listed below the Charge) 1 2C3550 CL Con-Cds Manufacture/Distribute 03/24/2008 03/24/2008 08-1001-18750-3 0 0 Disposition Nolle Prosequi 10/07/2008 2 2C3550 CL Con-Cds Manufacture/Distribute 03/24/2008 03/24/2008 08-1001-18750-3 0 0 Disposition Nolle Prosequi 10/07/2008 3 2C3550 CL Con-Cds Manufacture/Distribute Marijuana 03/24/2008 03/24/2008 08-1001-18750-3 0 0 Disposition Guilty 10/07/2008 Guilty 10/07/2008 Jail 5 0 0 0 2 0 0 0 3 0 0 0 Probation 0 0 0 0 3 0 0 0 Fine 0 0 Community Work Service 4 1 0239 CR.5.605 Common Nuisance/Distribute Cds 03/24/2008 03/24/2008 08-1001-18750-3 0 0 Disposition Nolle Prosequi 10/07/2008 Sentencing Net Totals 3 0 0 0 3 0 0 0 0 0 1 Related Person Information (Each Person related to the case other than the Defendant is shown) American Surety Company Bond Remitter/Bondsman P.O. Box 68932 Indianapolis IN 46268 Tregoning Bail Bonds Inc/Tanya Bare Bond Remitter/Bondsman P.O. Box 739 Frederick MD 21705 WEBSTER #2428, TODD A Police Officer HAGERSTOWN POLICE DEPT BURHANS BLVD HAGERSTOWN MD 21740 KERNS #4562, TODD L Police Officer WASHINGTON COUNTY SHERIFF 500 WESTERN-MARYLAND PKWY HAGERSTOWN MD 21740 Shifflett #5676, Ryan C Police Officer WASHINGTON COUNTY SHERIFF 500 WESTERN-MARYLAND PKWY HAGERSTOWN MD 21740 TOSTON, FRANK W Police Officer NTF Hagerstown MD 21740 HENLEY #4652, DANIEL Police Officer NTF Hagerstown MD 21740 Lewis #3634, Andrew Police Officer HAGERSTOWN POLICE DEPT BURHANS BLVD HAGERSTOWN MD 21740 BURKE, BRIAN Police Officer NTF Hagerstown MD 21740 FORTSON, DAVID L Police Officer NTF Hagerstown MD 21740 State Of Maryland Plaintiff Attorney(s) for the Related Person Strong, Esq, Charles 33 West Washington Street Hagerstown MD 21740 Document Tracking (Each Document listed. Documents are listed in Motion No./Sequence No. order) 1/0 06/12/2008 10/07/2008 Plaintiff 1 Automatic Discovery 2/0 06/12/2008 10/07/2008 Plaintiff 1 Criminal Information Filed 2/1 06/16/2008 10/07/2008 Bail Bond Posted/Professional/American Surety Co./$30,000.00 2/2 10/06/2008 10/07/2008 Jail Credit TOTAL JAIL CREDITS 1 DAY NOT HERE 10/07/08 / 05/09/08 TO 05/09/08 (1 DAY) 3/0 06/12/2008 06/12/2008 Plaintiff 1 Initial Appearance Summons Issued to appear on 7/15/08 at 9:30 AM. 3/1 07/18/2008 10/07/2008 Initial Appearance Summons — Served (WCSD) 7/15/08 4/0 06/13/2008 10/07/2008 Record from 11th Maryland Dist. Court 5/0 07/15/2008 10/07/2008 Initial Appearance Open Case Proceeding Defendant appears in Court without counsel for first appearance hearing. Hearing held pursuant to M.R. 4-215(a). Notice to Defendant filed. Subpoena issued for 10/7/08 at 9:30 a.m. (J. Boone; State — Michael). 7/0 07/30/2008 10/07/2008 Plea of Not Guilty Entered on behalf of Defendant pursuant to M.R. 4-242b4 9/0 08/14/2008 08/15/2008 Defendant 1 Defense Attorney Appearance Filed Bernard W Semler, Panel Attorney. Defendant's Plea of Not Guilty; Request for Jury Trial; Demand for Speedy Trial 10/0 08/14/2008 10/07/2008 Defendant 1 Request Discovery/Motion Produce Docs 11/0 08/14/2008 10/07/2008 Defendant 1 Demand for Presence of Chemist/Analyst 12/0 08/14/2008 08/15/2008 Defendant 1 Motion Pursuant to MD rule 4-252 12/1 08/14/2008 10/07/2008 Plaintiff 1 Answer to Motions Pursuant to Maryland Rule 4-252 13/0 08/18/2008 10/07/2008 Plaintiff 1 Subsequent Offender Notice 14/0 09/18/2008 10/07/2008 Plaintiff 1 Subsequent Offender Notice 15/0 10/07/2008 10/07/2008 Commitment Record Issued 17/0 10/07/2008 10/08/2008 Order for Probation 18/0 10/08/2008 10/08/2008 Order of Court Costs Waived 19/0 10/09/2008 10/09/2008 Guidelines worksheet filed 20/0 10/23/2008 11/07/2008 Defendant 1 Petition for Mod/Reduction of Sentence 20/1 11/06/2008 Plaintiff 1 Opposition to Motion 21/0 12/02/2008 Infamous Crime Report 22/0 02/04/2009 Defendant 1 Petition for Post-Conviction Relief filed. Notice of Docketing "Petition Under Uniform Post Conviction Act" mailed to petitioner, copy filed. Copy of notice, petition and docket entries forwarded to State's Attorney and Collateral Review Division. 22/1 02/06/2009 Plaintiff 1 Answer 23/0 03/06/2009 Reopen for Post-Conviction 24/0 03/05/2009 03/06/2009 Defendant 1 Defense Attorney Appearance Filed David Russell (Post Conviction) 26/0 06/29/2009 Plaintiff 1 Notification of Trial Dates — 1/19/10 at 1:30pm (post conviction hearing) 27/0 06/29/2009 Plaintiff 1 Writ of Habeas Corpus serve Warden (MCTC) for defendant #353-347 for 1/19/10 at 1:00pm. Copies sent faxed DOC Trans. Unit. 28/0 07/31/2009 08/19/2009 Defendant Party No.: 1 Motion to Request Discovery of Documents, Electronically Stored Information and Property 29/0 08/03/2009 08/21/2009 Defendant 1 Motion to Waive Filing Fees and Court Costs, Declaration in Support, and Affdvt The complete case file can be obtained from the Circuit Courthouse. Court System: Case Number: Title: Case Type: Filing Date: Case Status: Case Disposition: Disposition Date: Name: Race: Sex: Height: Weight: DOB: Address: City: State: Zip Code: Address: City: State: Zip Code: Name: Practice Name: Address: City: State: Zip Code: Name: Practice Name: Address: City: State: Zip Code: Event Type: Notice Date: Event Date: Event Time: Result: Result Date: Event Type: Notice Date: Event Date: Event Time: Result: Result Date: Event Type: Notice Date: Event Date: Event Time: Result: Result Date: Charge No: CJIS Code: Statute Code: Charge Description: Offense Date From: To: Arrest Tracking No: Citation: Charge Amend No: Sentence Version: Charge Class: Plea: Plea Date: Disposition: Disposition Date: Charge No: CJIS Code: Statute Code: Charge Description: Offense Date From: To: Arrest Tracking No: Citation: Charge Amend No: Sentence Version: Charge Class: Plea: Plea Date: Disposition: Disposition Date: Charge No: CJIS Code: Statute Code: Charge Description: Offense Date From: To: Arrest Tracking No: Citation: Charge Amend No: Sentence Version: Charge Class: Plea: Plea Date: Disposition: Disposition Date: Life/Death: Jail Term: Yrs: Mos: Days: Hours: Suspended Term: Yrs: Mos: Days: Hours: UnSuspended Term: Yrs: Mos: Days: Hours: Probation: Yrs: Mos: Days: Hours: Supervised: Yrs: Mos: Days: Hours: UnSupervised: Yrs: Mos: Days: Hours: Fine Amt: Fine Suspended Amt: Fine Due: First Pmt Due: Hours: Complete By: Report To: Report Date: Charge No: CJIS Code: Statute Code: Charge Description: Offense Date From: To: Arrest Tracking No: Citation: Charge Amend No: Sentence Version: Charge Class: Plea: Plea Date: Disposition: Disposition Date: Serve Time: Yrs: Mos: Days: Hours: Probation: Yrs: Mos: Days: Hours: Fine Amount: Fine Due Date: CWS Hours: Credit Time Served: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: Address: Address: City: State: Zip Code: Name: Party Type: Address: Address: City: State: Zip Code: Name: Party Type: Address: Address: City: State: Zip Code: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: Address: Address: City: State: Zip Code: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: Address: City: State: Zip Code: Name: Party Type: City: State: Zip Code: Name: Address: City: State: Zip Code: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Document Name: Doc No./Seq No.: File Date: Close Date: Party Type: Party No.: Document Name: