Coleman v. Smith

Full title: JERMAINE KENYATTA COLEMAN PLAINTIFF v. LARON SMITH DEFENDANT

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

Date published: Oct 25, 2016

CIVIL ACTION NO. 2:16-CV-60-KS-MTP (S.D. Miss. Oct. 25, 2016)

Opinion

CIVIL ACTION NO. 2:16-CV-60-KS-MTP

10-25-2016

JERMAINE KENYATTA COLEMAN PLAINTIFF v. LARON SMITH DEFENDANT

Keith Starrett UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION AND ORDER

For the reasons below, the Court adopts the Magistrate Judge's Report and Recommendations [27] and grants Defendant's Motion to Dismiss [20]. Plaintiff's claims against Defendant Laron Smith are dismissed with prejudice, and this case is closed. The Court further finds that this dismissal shall count as a "strike" pursuant to 28 U.S.C. § 1915(g).

Plaintiff asserted a claim for damages pursuant to 42 U.S.C. § 1983 against Defendant Laron Smith. He claims that Smith violated his constitutional rights by providing false testimony in a preliminary hearing. Smith filed a Motion to Dismiss [20], arguing that he enjoyed absolute immunity from liability with respect to Plaintiff's claims. The Magistrate Judge entered a Report and Recommendation [27] that the Court grant Defendant's motion, dismiss Plaintiff's claims against him with prejudice, and count the dismissal as a strike pursuant to 28 U.S.C. § 1915(g). Plaintiff filed his objections [28, 30, 31] to the report and recommendation, but he failed to address the legal basis of the Magistrate Judge's recommendation.

"[A] trial witness has absolute immunity with respect to any claim based on the witness' testimony." Moffett v. Bryant, 751 F.3d 323, 325 (5th Cir. 2014). This rule applies to testimony by law enforcement officers, Castellano v. Fragozo, 352 F.3d 939, 958 (5th Cir. 2003), and it applies to testimony provided at preliminary hearings. Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994). Therefore, Plaintiff has stated no claim against Defendant Smith for which this Court can grant relief, and Plaintiff's claim against Smith is frivolous.

Accordingly, the Court adopts the Magistrate Judge's Report and Recommendations [27], grants Defendant's Motion to Dismiss [20], and dismisses Plaintiff's claims against Defendant Laron Smith with prejudice. This case is hereby closed, and this dismissal shall count as a "strike" pursuant to 28 U.S.C. § 1915(g).

SO ORDERED AND ADJUDGED this 25th day of October, 2016.

s/ Keith Starrett

UNITED STATES DISTRICT JUDGE