Holsey v. Bass
| Decision Date | 13 July 1981 |
| Docket Number | Civ. No. W-81-1831. |
| Citation | 519 F. Supp. 395 |
| Parties | Aaron HOLSEY, No. 121937 v. Garry BASS, individually, and an Assistant Prosecutor with the State's Attorney's Office, James P. Farmer, individually, and as Assistant Public Defender for the City of Baltimore, Maryland, Alfred J. O'Ferrell, III, individually, and as the deputy Public Defender for the State of Maryland, Leonard S. Freedman, individually, and as an Attorney with a practice, J. Harold Grady, individually, and as the Chief Judge of the Supreme Bench of Baltimore, Maryland, Allen D. Greif, individually, and as appointed Public Defender, Thomas E. Kelly, individually, and as a Parole Agent with the Dept. of Parole and Probation for the State of Maryland, Edward Mintzer, individually, and as an Official Court Reporter with the Supreme Bench, James W. Murphy, individually, and as an Associated Justice, assigned to the Supreme Bench, Charles E. Orth Jr., individually, and as the Former Chief Judge of the Md. Court of Special Appeals, Calvin R. Payne, individually, and as an Official Court Reporter with the Supreme Bench, Leonard C. Redmond, III, individually, and as an Assistant Public Defender for the City of Baltimore, Maryland, Julius A. Romano, individually, and as the Former Chief of the Md. Court of Special Appeals, Gerald A. Smith, individually, and as Appointed Public Defender, Norman N. Yankellow, individually, and as Chief Public Defender for the City of Baltimore, Maryland. |
| Court | U.S. District Court — District of Maryland |
Aaron Holsey, pro se.
The Court holds that this 42 U.S.C. § 1983 claim, filed by an indigent state prisoner, challenging actions which allegedly occurred during a state criminal trial, direct appeal, and in collateral attacks upon the conviction, and in which the plaintiff does not seek release or a reduction of his sentence, but only monetary damages, states a § 1983 claim; however, the claim will be dismissed sua sponte as frivolous because it is barred by the statute of limitations and by collateral estoppel. 28 U.S.C. § 1915(d).
Plaintiff, Aaron Holsey, has filed this complaint pursuant to 42 U.S.C. § 19831 and he seeks leave to proceed in forma pauperis, 28 U.S.C. § 1915. Leave to proceed will be granted, 28 U.S.C. § 1915(a), the complaint will be docketed, and it will be dismissed as frivolous, 28 U.S.C. § 1915(d). Boyce v. Alizaduh, 595 F.2d 948, 950 (4 Cir. 1979). The Clerk of the Court will be directed to tax costs against Holsey as a nonprevailing party. Duhart v. Carlson, 469 F.2d 471, 478 (10 Cir. 1972), cert. denied, 410 U.S. 958, 93 S.Ct. 1431, 35 L.Ed.2d 692 (1973); Perkins v. Cingliano, 296 F.2d 567 (4 Cir. 1961); Marks v. Calendine, 80 F.R.D. 24 (N.D.W.Va.1978); see Hughes v. Rowe, 449 U.S. 5, 11, 101 S.Ct. 173, 177, 66 L.Ed.2d 163 (1980). This is at least Holsey's second claim based on the same facts.2
Holsey, convicted of second degree murder, is serving a twenty year sentence in the Maryland penal system. He has named fifteen defendants in the instant suit. They include state judges, a state prosecutor, state public defenders, a state parole agent, state court reporters, a state court clerk, and a private attorney. The complaint also alleges possible constitutional torts by persons who are not named as defendants; however, given the disposition of this complaint, it would be futile to direct that they be added as parties in this action.3 Furthermore, this Court need not address the issues of absolute and qualified immunity, which would otherwise be raised. See, e. g., Imbler v. Patchman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976).
Briefly, the complaint challenges Holsey's state criminal conviction, direct appeal, and state post conviction proceedings. It does not, and under § 1983 it could not, allege any impropriety in the unfavorable results in any of Holsey's federal applications for relief pursuant to 28 U.S.C. § 2254 and 42 U.S.C. § 1983. Holsey alleges that the various defendants acted under color of state law to deprive him of his constitutional rights.
In presenting the allegations, and in considering a dismissal pursuant to 28 U.S.C. § 1915(d), this Court will assume the veracity of all of the allegations and construe them in the light most favorable to plaintiff, except where they conflict with judicially noticed facts. Therefore, all of the "facts" presented in this Memorandum Opinion are drawn from Holsey's complaint, and they represent unproven allegations for all purposes other than the instant decision. While accepting the veracity of the allegations, the Court will attempt to reorganize them into a more cohesive taxonomy; however, some of the detail will necessarily be obscured by such reclassification. See Sumner v. Mata, 449 U.S. 539, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981). "Undoubtedly, a court need not elaborate or give reasons for rejecting claims which it regards as frivolous or totally without merit". Id.
Holsey was arrested in 1971. Since that time, he has been represented by Leonard Freedman, a private attorney hired by Holsey's mother, Harold Glaser, Allen Greif, and Gerald Smith. The latter three attorneys were court appointed. Freedman and Glaser were trial counsel.4 Greif was counsel on the motion for new trial and at sentencing. Smith5 handled the direct appeal, which was concluded when the Maryland Court of Appeals denied certiorari, Holsey v. State of Maryland, No. 571 (Ct. Spec.App.1973) (per curiam), cert. denied, 269 Md. 759 (1973), and the Supreme Court denied certiorari, 419 U.S. 1036, 95 S.Ct. 520, 42 L.Ed.2d 311 (1974). To summarize briefly, Holsey alleges that each of the attorneys ineffectively represented him. A recurring theme is that, while counsel insisted on arguing self-defense, Holsey preferred an assertion of innocence by non-involvement.6 He also alleges: that suggestive identification procedures were used; perjury by a non-party named Brown; failure of counsel to consult adequately with their client; use of testimony which was compelled by substandard jail conditions;7 use of prescribed medications at trial; and belated appointment of counsel,8 among other complaints.
Holsey alleges falsification of transcripts, records, and reports, including the presentence report. The allegedly false report was allegedly used to deny him parole. The trial transcript, motion for new trial transcript, sentencing transcript, a 1973 Inmate Grievance Commission transcript, an F.B.I. report, and other prison records were allegedly falsified.9 Furthermore, he alleges that the Clerk of the Court failed to respond to his communications, denying him due process in 1972.
Holsey alleges constitutional deprivations in his three petitions under Maryland's Uniform Post Conviction Procedure Act, Md. Code Ann. art. 27, § 645A et seq. (1957, 1976 Repl.Vol.). Briefly, he alleges bias by the court, imposition of unwanted counsel, ineffective assistance of counsel, conflict of interest, bureaucratic delay, denial of a subpoena for witnesses, battery by unnamed police officers, the absence of "spectators" in the courtroom, a brief (five minute) hearing, perjury, and other errors.
The first state petition was filed in 1974 and, in 1975, the intermediate appellate court refused to review the denial of the petition. The second petition was filed on November 1, 1976 and denied in 1977. A third petition was denied in 1977, and, again, the Court of Special Appeals refused to review the decision.
Holsey alleges a wholesale violation of his constitutional rights, particularly, his first, fourth, fifth, sixth, eighth, and fourteenth amendment rights. He asks for a preliminary and permanent injunction, a declaratory judgment, expungement, redress of all harm, the enjoining of further prosecution, restoration of all privileges, access to the courts, compensatory and punitive damages from each defendant "except sitting judges," and trial by jury. He also asks that the Court:
Requires the Defendants to stop forcing unwanted attorneys on to plaintiffs cases.10 And to stop denying him self representation, bail and appeal bonds. Which are fair and reasonable. And to stop denying him his right to release thereon.
Complaint at 29 (emphasis added). This is the only prayer for relief in which plaintiff mentions release.
The initial question posed by Holsey's complaint is whether it should be construed as a complaint pursuant to the Civil Rights Act, 42 U.S.C. § 1983, or as a petition for a writ of habeas corpus, 28 U.S.C. § 2254.11 "The demarcation line between civil rights actions and habeas petitions is not always clear," Wolff v. McDonnell, 418 U.S. 539, 579, 94 S.Ct. 2963, 2986, 41 L.Ed.2d 935 (1974); Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973), and Holsey's complaint presents issues which are lodged in the interstices between the Civil Rights Act and a petition for writ of habeas corpus. See Preiser, 411 U.S. at 500, 93 S.Ct. at 1841.12 For the reasons set forth below, this Court will construe the complaint as one made pursuant to the Civil Rights Act.
In Preiser, the Supreme Court held that habeas corpus is the exclusive method for challenging the fact, duration, or validity of confinement. Id. at 489-90, 93 S.Ct. at 1836. In Preiser, however, the Supreme Court also wrote:
Respondents here sought no damages, but only equitable relief ... and our holding today is limited to that situation. If a state prisoner is seeking damages, he is attacking something other than the fact or length of his confinement, and he is seeking something other than immediate or more speedy release — the traditional purpose of habeas corpus. In the case of a damages claim, habeas corpus is not an appropriate or available federal remedy.
This statement indicates that a claim for damages cannot be construed as a petition for habeas corpus,13 and therefore a suit for damages must be denominated as a § 1983 claim.14
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