Brown v. Hamilton Cnty.
| Decision Date | 16 October 2020 |
| Docket Number | 1:19-cv-969 |
| Parties | TERRY BROWN, Plaintiff, v. HAMILTON COUNTY, OHIO/ HAMILTON COUNTY PROSECUTOR'S OFFICE, Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
REPORT AND RECOMMENDATION
Plaintiff Terry Brown brings this pro se civil rights action against numerous defendants under 42 U.S.C. § 1983 alleging claims for violations of his First, Fourth, Fifth and Fourteenth Amendment Rights. He also brings claims for violations of state law under the Court's supplemental jurisdiction. The claims stem from an investigation into alleged terroristic threats made by plaintiff which led to his felony indictment on charges of making threats of terrorism and terrorism, his criminal prosecution in the Hamilton County, Ohio Court of Common Pleas in the case of State of Ohio v. Terry Brown, Case No. B1602390, and his acquittal on the charges at the conclusion of the trial. Plaintiff claims that defendants conducted an illegal search and seizure of his personal property; he was subjected to a false, warrantless arrest and was falsely detained and imprisoned; and defendants pursued a malicious prosecution and violated his Fifth Amendment right against self-incrimination. Plaintiff claims that defendants violated his rights to freedom of speech and due process based on his request to the Hamilton County Prosecutor's Officer (HCPO) that it criminally investigate Hamilton County Common Pleas Judge Leslie Ghiz, the Cincinnati Police Department, and the Hamilton County Sheriff's Office. (Doc. 1 at 5). Plaintiff, an African American man, claims that defendants' conduct was apparently motivated in substantial part by his race. (Doc. 1 at 5). He claims that defendants Joseph Deters, the Hamilton County Prosecutor, and Hamilton County Common Pleas Judge Patrick Dinkelacker knew that former Judge Tracie Hunter, who was the defendant in a case Judge Dinkelacker presided over (State of Ohio v. Tracie Hunter, Case No. B1400110), “is black” and “was criminally investigated, charged, convicted and recently sent to jail.” (Doc. 1 at 5). Plaintiff claims that defendants violated his constitutional rights because he asked that “a white Judge/law enforcement officers” be investigated regarding a matter that was of “interest to the public in general and to the African-American community in particular.” (Id.).
Plaintiff makes the following allegations in the complaint. (Doc. 1). The Court accepts plaintiff's factual allegations as true for purpose of defendants' motions to dismiss and motions for judgment on the pleadings, which are discussed infra.
Plaintiff is a resident of the State of Ohio. (¶ 2). Defendant Deters is the Hamilton County, Ohio Prosecutor, and he exercises final policymaking authority for all assistant prosecutors, investigators, and other staff. (¶ 4). Defendant McKinley Brown is the HCPO's Chief Investigator. (¶ 5). Defendants Katherine Pridemore and Seth Teiger are HCPO Assistant Prosecutors. (¶¶ 6, 7). All employees of the HCPO were acting under color of law during the times in question and all are sued in their individual and official capacities. (¶¶ 4, 5, 6, 7).
Court judge. (¶¶ 8, 9). They were both acting under the color of state law and outside the scope of their duties as judge during the period in question, and they are sued in their individual and official capacities. (Id.)
Defendants Matthew Martin, Mike Drexelius, and Michael Fern are City of Cincinnati Police Officers. (¶¶ 11, 12, 13). Defendant Jerome Stineman and James Bogan are self-employed attorneys. (¶¶ 14, 15). These defendants were acting under color of law at all times in question and all are sued in their individual and official capacities. (¶¶ 11, 12, 13, 14, 15).
Defendant Court Clinic/Central Clinic (Court Clinic) is a private contractor to the courts that exercises final policymaking authority for all doctors, other employees, and staff. (¶ 16). Defendant Carla Dreyer was employed by the Court Clinic as a psychologist. (¶ 17). Defendant Summit Behavioral Healthcare (Summit) is a government agency that employed Elizabeth Banks as Director and Dr. Adelaida Fernandez as a psychiatrist. (¶ 18). These defendants were acting under color of law at all relevant times and are sued in their individual and official capacities. (¶¶ 17, 18, 19).
Defendant Sheriff Neil is the Hamilton County Sheriff, and he exercises final policymaking authority for the Hamilton County Sheriff's Office and Hamilton County. (¶ 20). Defendant Greater Cincinnati Fusion Center/Homeland Security (Fusion Center) is a governmental agency/contractor. At all times these defendants were acting under color of law, and defendant Neil was acting in his individual and official capacities. (¶¶ 20, 21).
On March 17, 2014, plaintiff filed a document captioned “Terry Brown's Notice To The Court” in former Hamilton County Juvenile Court Judge Tracie Hunter's criminal case (State of Ohio v. Tracie Hunter, Case No. B1400110). At Deters' direction, HCPO Chief Investigator McKinley called plaintiff, asked him personal questions, and ultimately “wanted Plaintiff to be an informant” against Hunter. (¶ 25). When plaintiff refused and “exposed” Deters and McKinley's conduct to the “Court/Hunter's lawyer, Special Prosecutor[] and news media, ” the HCPO, unnamed Cincinnati police personnel, and the “Hamilton County Sheriff's Office” harassed plaintiff by “[d]irectly sitting outside [his] home/job/stores/blowing horns/blinking hazard lights/U-Turns/sirens/car crashes/mobbed by red cars/street theater fake police stop/street informants staking inside stores/home/every location with picture of plaintiff wearing red[.]” (Id.) In addition, defendant Fern “continued to allow an illegal debt collection company called GWC Construction to break/enter Plaintiff's home for continued harassment, ” and defendants did not answer plaintiff's “911 calls.” (Id.) Plaintiff repeatedly sent written complaints via certified mail, email, and fax between March 17, 2014 and April 15, 2016 to the HCPO, Cincinnati police, and the Sheriff's Office, and he filed a writ of mandamus in the common pleas court to stop the alleged harassment by “law enforcement mentioned within.” (¶ 26); see Terry Brown v. Cincinnati Police Dept., Case No. A1505170. Judge Ghiz filed an entry on November 10, 2015, finding that the Cincinnati Police, the Hamilton County Sheriff's Office, and “911” were not required to take calls for services related to “Car Crashes, Illegal GPS Tracking and Menacing By Stalking.”[1] (¶ 26).
On March 3, 2016, plaintiff submitted another complaint to defendants Deters and McKinley Brown asking that they investigate the November 10, 2015 court entry, alleging “it promotes violence/and 18 U.S.C. 241, 242.” (¶ 27). On April 15, 2016, plaintiff telephoned McKinley Brown regarding the same issues. (¶ 28). McKinley Brown asserted his office does not investigate judges or police officers, and the discussion became heated because plaintiff knew that the Prosecutor's Office “helped criminally investigate Judge Tracie Hunter.” (Id.) Plaintiff followed up with McKinley Brown and Deters via email that same day, but neither one responded. (Id.)
On May 1, 2016, the Cincinnati Police Department continued their harassment of plaintiff by coming to his home again, parking, and threatening “YOU'RE A DEAD MOTHERFUCKER.” (¶ 29). Plaintiff sent an email to the City, the Cincinnati Police, and the HCPO to which he attached a video clip that allegedly showed “the Police Officer's criminal conduct against Plaintiff.” (Id.) Plaintiff “clearly said if law enforcement continues to act criminally against him, he had no other choice but to protect himself.” (Id.)
On May 3, 2016, after returning home from court in a hearing held in the case of Terry Brown v. Eric Pennekamp, Cincinnati Police Officer, Case No. A1503598, before Judge Patrick Foley, “Cincinnati Police, Swat (15) Team” called plaintiff out of his home with a bullhorn, put guns to his head, and handcuffed him without cause to arrest him.[2] (¶ 30). Office Drexelius told the Swat Team to place plaintiff in the police car, and when plaintiff asked why he was arrested and to see the search warrant, Drexelius told plaintiff that he would show it to him another day. (¶ 31). However, Drexelius never gave plaintiff the search warrant. Id. After the Swat team left the scene, Drexelius conducted a search of plaintiff's home without plaintiff's consent or a court-ordered search warrant and placed property on the front porch and in boxes. (¶ 32). Officer Martin came out of plaintiff's house an hour later, reported there were no illegal drugs in the house, and told a female officer to take plaintiff to the Hamilton County Justice Center for booking. (¶ 33). When the female officer asked what they would charge plaintiff with, Martin responded they would think of something when they met back at the Justice Center. (Id.) Plaintiff and the female officer sat in the intake parking lot of the Justice Center for 25 minutes until Martin arrived. (¶ 34). Martin then called the HCPO, which 20 minutes later returned Martin's call and advised him to charge plaintiff with terrorism. (Id.)
Plaintiff was taken inside the Justice Center for booking and was not permitted to call anyone. (¶ 35). The next day, he met Attorney Stineman for his arraignment and a $1 million bond was set. (¶ 36). On May 5, 2016, plaintiff was indicted on two charges: Count 1, Threats of Terrorism, for threatening Judge Ghiz on March 3, 2016; and Count 2 Terrorism, for making complaints against the Cincinnati Police...
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