Jones v. City of Buffalo

• Decision Date: 17 October 1994
• Docket Number: No. 92-CV-345S.,92-CV-345S.
• Citation: 867 F. Supp. 1155
• Parties: Walter JONES, et al., Plaintiffs, v. CITY OF BUFFALO, et al., Defendants.
• Court: U.S. District Court — Western District of New York

867 F. Supp. 1155

Walter JONES, et al., Plaintiffs, v. CITY OF BUFFALO, et al., Defendants.

No. 92-CV-345S.

United States District Court, W.D. New York.

October 17, 1994.

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Walter L. Jones, pro se.

Patricia R. Jones, pro se.

Michael B. Risman, Office of Corp. Counsel, Dept. of Law, Buffalo, NY, for City of Buffalo, James D. Griffin, Ralph V. Degenhart, R. Peter Morrow, III, Michael B. Risman, Kenneth Krempa, Michael Gasper, Dennis Allesi, Richard Smith, Reginald Hokes, George Fletcher and Lawrence K. Rubin.

F. David Rusin, Erie County Atty., Buffalo, NY, for County of Erie, David J. Swarts, F. David Rusin, Charles E. Craven, James W. McGill, David B. Kelly, and Mark A. Adrian.

Paul William Beltz, Buffalo, NY, for William A. Quinlan and Paul William Beltz.

Bryan G. Brockway, Cheektowaga, NY, for Mohammed K. Quayed.

Douglas S. Cream, State Atty. General's Office, Buffalo, NY, for Vincent E. Doyle, Peter B. Sullivan, and Joseph J. Sedita.

The numerous remaining defendants did not have appearance by counsel.

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Presently before this Court are numerous causes of action that were initiated in New York State Supreme Court or Buffalo City Court which have been removed to this Court by Walter Jones.¹ Generally stated, these petitions all relate to Jones' allegation that he has been the victim of a conspiracy to violate his civil rights. In addition to the present petitions, the claimed conspiracy has also been the subject of several prior state and federal court proceedings. As shall be discussed infra, these prior cases are of great significance with regard to this Court's handling of the present petitions.

Having reviewed the record kept in this matter, this Court shall, for the reasons set forth below, dismiss and/or remand all the causes of action presently pending under Docket No. 92-CV-345 and direct the Clerk of the Court to close the file and accept no future filings in this matter. Further, this Court shall reaffirm the injunction originally issued by the Honorable John T. Curtin and, as such, Walter Jones as well as all persons acting on his behalf are permanently enjoined from filing any future complaints or removing any state causes of action based on any of the claims set forth in the present case or the previous actions discussed herein. Finally, this Court shall direct the Clerk of the Court for the Western District of New York to accept no future filings from Walter Jones except in accordance with the procedure set forth herein.

FACTS AND PROCEDURAL HISTORY

The history of the actions filed by Walter Jones ("Jones") is lengthy and exhaustive. Nevertheless, in an attempt to ensure that the claims Jones presently as well as previously asserted will never again unduly burden the judicial system, this Court shall endeavor to map the course of events that has led to the present Decision and Order.

Walter Jones is a litigious pro se litigant who has filed approximately sixty motions, affidavits, amendments, and demands since attempting to remove his state actions, Erie County Index Nos. 2611-91, 14730-91, and 1637-92, to federal court on May 22, 1992.

The history of the present action can be traced to November 24, 1980, when Jones filed a civil action in federal district court for the Western District of New York under Docket No. 80-CV-1075. In that action, Jones alleged that the failure of the defendants to award construction contracts to Jones' corporation for the Niagara Falls Transit Authority Light Rail Project (the "Project") was a violation of his constitutional and statutory rights. Some of Jones' claims were dismissed by the Honorable John T. Elfvin on April 17, 1981 due to a lack of standing. On January 29, 1983, Jones filed civil action 83-CV-86 in an attempt to reallege these claims. Judge Elfvin dismissed this action on February 11, 1985, and the Second Circuit affirmed this decision.

Jones' remaining claims in 80-CV-1075 were dismissed on April 15, 1987, based upon Jones' failure to comply with the Honorable Edmund F. Maxwell's, United States Magistrate Judge, discovery orders. The Second Circuit affirmed this dismissal on December 13, 1987. See Jones v. Niagara Frontier Transp. Authority, 836 F.2d 731 (2d Cir. 1987), cert. denied, 488 U.S. 825, 109 S.Ct. 74, 102 L.Ed.2d 50 (1988).

On December 10, 1987, Jones filed civil action 87-CV-1532 alleging constitutional and statutory violations, as well as bribery, embezzlement, perjury, conspiracy and other various acts against two hundred and twenty original defendants, including the Mayor of Buffalo, virtually every union and contractor in the Buffalo area that was connected in any way with the Project, and all of the attorneys who represented defendants in 80-CV-1075. The complaint alleged that the defendants conspired to embezzle and extort federal funds earmarked for minority contracts in the Project, and then used those funds to pay bribes to Judge Elfvin and Magistrate Judge Maxwell to induce them to render unconstitutional decisions in 80-CV-1075. The complaint also alleged that the defendants conspired to set an arson fire at Jones' property at 1-19 Liberty Avenue. In a connected action, Docket No. 88-CV-887, Jones alleged that the United States Attorney General, Federal Bureau of Investigation, the present and former United States Attorneys, Assistant United States Attorney Marc Gromis, and the Clerks of the Court were involved in the improper dismissal of a racially mixed Grand Jury before which Jones testified in February 1988, and replaced it with an all white Grand Jury to investigate the fires at 1-19 Liberty Avenue. In addition, on February 24, 1989, Jones filed civil action 89-CV-253 seeking to remove tax foreclosure actions against three of his properties.

All three of these actions were assigned to Judge Curtin, who handling them simultaneously, dismissed them on June 9, 1989, by a Decision and Order read from the bench finding that the actions were "vexatious, harassing and duplicative ... and had put undue expense and burdens on the parties, on Court personnel, and the Court...." Walter Jones v. City of Buffalo, et. al., Nos. 87-1532, 88-887, and 89-253 (W.D.N.Y. June 9, 1989). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), the court ordered that Jones be enjoined from filing any further lawsuits in federal or any other court that were related to the subject matter of the cases that had been dismissed by the court. The court also ordered that a procedure be created to permit the court to examine any papers that Jones attempted to file with the Clerk's office in the future to determine if the subject matter of such papers was related to the prior proceedings.²

Following the dismissal of his actions in federal district court,³ Jones commenced Erie County Index No. 2611-91 in the State of New York Supreme Court on March 13, 1991. In this action, Jones wished to recover "treble, compensatory, special and punitive damages" against the defendants for their conspiracy and involvement in the arson, destruction, and unlawful demolition of the plaintiff's property at 1-19 Liberty Avenue. Based on these allegations as well as this Court's review of the complaints, motions, and affidavits filed by Jones in connection with Erie County Index No. 2611-91, it is clear that that action was directly related to the subject matter of the federal actions that were dismissed by Judge Curtin.

New York State Supreme Court Justice Joseph J. Sedita dismissed Erie County Index No. 2611-91 on October 8, 1991. Justice Sedita stated that the actions were "baseless and without merit, and can be viewed as an unwarranted harassment of these defendants." Walter Jones v. City of Buffalo et. al., Erie County Index No. 2611-91, Memorandum Decision dated Oct. 8, 1991. Justice Sedita also enjoined the plaintiff from filing any similar motions in state court. Jones then filed motions to vacate the order of dismissal and to renew his action, but Justice Sedita denied these motions by Orders dated January 13, 1992 and January 31, 1992, as well as directed that the Erie County Clerk's Office not accept any further motion papers from the plaintiff that involved related subject matter. Although his action was dismissed, Jones attempted to file judgments dated April 30, 1992, against the named defendants. The attempt to file these judgments was raised as part of an Order to Show Cause heard by New York State Supreme Court Justice Vincent E. Doyle, which shall be discussed infra.

Jones also initiated two further actions under new state docket numbers after receiving the adverse rulings from Justice Sedita. First, he instituted an action under Erie County Index No. 14730-91 on April 23, 1992, by filing a forty-two page complaint which reiterates allegations identical to those asserted in the previous federal and state actions. The complaint also includes a claim relating to the execution of a search warrant, lawfully issued by County Court Judge D'Amico, on February 11, 1992, during which Jones apparently threatened an IRS agent with a shotgun. Representatives of the United States Bureau of Alcohol, Tobacco and Firearms have indicated that the possession of a firearm was illegal because of Jones' prior felony conviction. Second, Jones filed a one hundred thirty-eight page complaint under Erie County Index No. 1637-92 on April 29, 1992, asserting essentially the same allegations of conspiracy relating to the Project and fire at 1-19 Liberty Avenue that had been identified in his other actions.

On May 4, 1992, Justice Doyle signed an Order to Show Cause with respect to Erie County Index Nos. 2611-91, 14730-91, and 1637-92, with a hearing to be held on May 11, 1992. The Order directed Jones to show cause why the actions should not be dismissed and he should not be held in contempt. Following argument at the Order to Show Cause...