Opinion
CIVIL ACTION NO. 1:12CV-P34-M
04-12-2012
THOMAS RIDGEWAY PLAINTIFF v. LAUREL COUNTY JAILER DEFENDANT
MEMORANDUM OPINION
Plaintiff Thomas Ridgeway initiated this action by filing a document styled "Motion for Federal Action - Authority." He asks the Court to order the federal authorities to investigate and file criminal charges of first-degree criminal abuse of a prisoner regarding an incident that occurred on or about January 27, 2012, at the Laurel County Jail.
"Authority to initiate a criminal complaint rests exclusively with state and federal prosecutors." Sahagian v. Dickey, 646 F. Supp. 1502, 1506 (W.D. Wis. 1986); United States v. Nixon, 418 U.S. 683, 693 (1974) ("[T]he Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case."); Williams v. Luttrell, 99 F. App'x 705, 707 (6th Cir. 2004) ("[A]s a private citizen, Williams has no authority to initiate a federal criminal prosecution of the defendants for their alleged unlawful acts."). As "a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another," Linda R. S. v. Richard D., 410 U.S. 614, 619 (1973), Plaintiff's criminal complaint will be dismissed by separate Order.
Plaintiff may always file a civil action under 42 U.S.C. § 1983, a civil-rights statute which provides for redress of constitutional violations committed by persons acting under color of state law. The Clerk of Court is DIRECTED to send Plaintiff a § 1983 packet containing the forms necessary to file a § 1983 action should he choose to do so.
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Joseph H. McKinley , Jr., Chief Judge
United States District Court
cc: Plaintiff, pro se
Defendant
4414.005