Rose v. Adams Cnty.
| Decision Date | 11 March 2014 |
| Docket Number | CIVIL ACTION NO. 1:CV-14-0420 |
| Parties | JIMI ROSE and CONCIATA ROSE, Plaintiffs v. ADAMS COUNTY, PA, et al., Defendants |
| Court | U.S. District Court — Middle District of Pennsylvania |
(Judge Kane)
(Magistrate Judge Blewitt)
On March 6, 2014, Plaintiffs, Jimi Rose (a/k/a James E. Rose, Jr.) and seemingly his minor daughter, Conciata Rose, residents of Allentown, Pennsylvania, filed, pro se, the instant civil rights action pursuant to 42 U.S.C. §1981, § 1983, §1985 and §1986. (Doc. 1). Plaintiffs also raise state law claims. Further, Plaintiffs filed an In Forma Pauperis Motion. (Doc. 2). Only Plaintiff Jimi Rose signed the Complaint and the In Forma Pauperis Motion. As such, we shall refer to Jimi Rose herein as "Plaintiff." We also note that while Conciata Rose is Jimi Rose's minor daughter, Jimi Rose does not state that he has a legal right to file this action on behalf of Conciata. In fact, Plaintiff Jimi Rose indicates in his Complaint that Defendant Jessica McLaughlin, Conciata's mother, has legal custody of Conciata. In his Complaint, Jimi Rose is essentially challenging, as racially discriminatory, the state court decisions granting Jessica McLaughlin custody of Conciata and denying him visitation.
Plaintiffs Jimi Rose with Conciata Rose filed a previous similar action with this Court. See Rose v. Roberts, Civil No. 11-0323, M.D. Pa. As the Court stated in Plaintiffs' prior case, See Rose v. Roberts, Civil No. 11-0323, M.D. Pa., Doc. 8, p. 1, 3-17-11 R&R, adopted, in large part, by the Court. On June 10, 2011, this Court entered an Order dismissing the Rose's Complaint and closed their case. See Rose v. Roberts, Civil No. 11-0323, M.D. Pa., Doc. 13, 6-10-11 Order.
This Court has jurisdiction over the instant action based on 28 U.S.C. § 1331 and §1341(a). Plaintiff seeks the Court to exercise its supplemental jurisdiction over his state law claims under 28 U.S.C. §1367.
Plaintiff names the following Defendants: Adams County, Pennsylvania; Adams County Children and Youth [Services]; Jessica McLaughlin; Mark McLaughlin; Barbara Buchanan; and John 'Pappy' Buchanan. (Doc. 1, p. 1). Plaintiff states that Jessica McLaughlin and Mark McLaughlin are "Drug Dealers," and John 'Pappy' Buchanan is a "child molester" whose unlawful and perverted acts toward his daughter are "covered up by the Adams County Children and Youth." The four individual Defendants are not alleged to be state actors. Plaintiff indicates that Defendant Jessica McLaughlin is the mother of his minor daughter Conciata and has legal custody of his daughter. Defendant Mark McLaughlin appears to be the husband of Jessica McLaughlin. Plaintiff states that the Adams County Court and the York County Court have only allowed his daughter to be in the company of Jessica McLaughlin, Mark McLaughlin, Barbara Buchanan andJohn 'Pappy' Buchanan. (Id., p. 4).
Plaintiff's Complaint is a lengthy 11-page, single spaced, typed document with no numbered paragraphs. The paragraphs in Plaintiff's Complaint contain long, scandalous and confusing narratives which allege, in part, that Defendant Adams County Children and Youth Office along with York County Judges and Adams County Judges implemented and carried out "the practice of white supremacy [and] white racism." Plaintiff also alleges that the McLaughlin Defendants "made a slave out of [his] minor daughter" and in conjunction with Defendant Barbara Buchanan have "turned [his daughter into a 'House Nigger,' aka 'Slave.'" Plaintiff avers that some of the Defendants belong to the Ku Klux Klan, that Defendants have treated his daughter as a "slave" and, that Defendants have conspired and aided and abetted each other to isolate his daughter "from having contact with black people or the outside world." Plaintiff essentially challenges the Court Orders of the Adams County Court and the York County Court which have awarded Jessica McLaughlin legal custody of his minor daughter and have denied him visitation. Plaintiff alleges that "[t]hese court orders do nothing but disguise racism and slavery in the year 2014." It appears that Plaintiff was not given custody of his minor daughter by the Adams County Court and the York County Court and that he was denied visitation of his daughter. Plaintiff alleges that the Court Orders do not permit his daughter "to have any contact or association with her 'Black Family' and only allow his daughter to have contact with "slave owners Barbara Buchanan, John 'Pappy' Buchanan, Jessica McLaughlin and Mark McLaughlin, as well as a cult-like Christian church that helps Defendants poison, if not kill the thoughts and individuality of a young Black child who is held in humanbondage for the sole purpose of being a 'House Nigger.'" (Doc. 1, pp. 1-3).
Plaintiff insists that Defendants Jessica McLaughlin, Mark McLaughlin, Barbara Buchanan and John 'Pappy' Buchanan should be "arrested immediately for what they are doing to an innocent 'Black Child.'" Plaintiff avers that the Adams County Court and the York County Court "are composed of white racist judges who do no more than cover up the brutal illegal acts of slavery" and that they fail to ensure that black children remain in contact with their "Black Family." Plaintiff avers that the state Courts have awarded custody of his daughter to her mother, namely, Defendant Jessica McLaughlin, and that his daughter has been "a slave in her own mother's home and has been a slave for 14 years." As stated, Defendant Mark McLaughlin appears to be the husband of Defendant Jessica McLaughlin. Plaintiff alleges that the Adams County Court and the Defendant Adams County Children and Youth have aided Defendant Jessica McLaughlin in keeping his daughter in isolation and are "responsible for covering up the acts of slavery and child molestation." Plaintiff also avers that the Adams County Court and the York County Court "have absolute knowledge of these atrocities and have done nothing to prevent [his daughter] from being used as a 'Black Slave'" and from being kept in "Human Bondage." (Id., pp. 3-4).
Plaintiff alleges that the Adams County Court and the York County Court have permitted "Slavery," and through the Orders of these Courts, slavery is "conducted and carried out." Plaintiff states that the Adams County Court and the York County Court have also covered up that protected the identities of "the slave owners Barbara Buchanan, Jessica McLaughlin and Mark McLaughlin. Plaintiff indicates that through the Orders of the Adams County Court and the York County Court, they have allowed his daughter "to be a prisoner in her mother's home" and that "they havecontinued to hide and cover up and protect white racist violations of every civil right known to mankind." Additionally, Plaintiff avers that the Judges of the York County Court "are racist and white supremacist and act in concert with their racist white supremacist Court of Adams County (sic)." In fact, Plaintiff indicates that York Count Judge Renn, who was a Defendant in Plaintiff 's prior case filed with this federal Court, was the Judge who suspended his parental rights to his daughter. (Id., pp. 4-5).
The remaining pages of Complaint contain similar scurrilous allegations in which Plaintiff essentially claims that the Adams County Court and the York County Court have issued Orders illegally suspending his visitation and parental rights and, prevented his right to communicate with his daughter because they are "white racist" judges "who hate black people" and who have allowed Jessica McLaughlin to imprison his daughter at her home and "make her a slave." Plaintiff also basically avers that the Judges of the Adams County Court and the York County Court have knowing allowed his daughter to be in the custody of Mark McLaughlin, an alleged drug abuser, and John "Pappy" Buchanan, an alleged child molester. (Id., pp. 6-11).
As relief in his Complaint, Plaintiff seeks "judgment against the Defendants in excess of $5,000,000 per Defendant for nominal and punitive damages." (Id., p. 11).
As discussed below, we find that all of Plaintiff's constitutional claims in his Complaint should be dismissed with prejudice.1
As stated, Plaintiff filed a Motion to proceed in forma pauperis. (Doc. 2). We will recommend that the Court grant Plaintiff's Motion to proceed in forma pauperis. (Doc. 2). We now screen Plaintiff's pleading as we are obliged to do. See Dunbar v. Dunbar, Civil No. 11-0135, M.D. Pa. On February 11, 2011, the Court in Dunbar issued an Order and granted Plaintiff's in forma pauperis motion (Doc. 3, Dunbar). The Dunbar Court then stated:
The proper procedure after a district court grants in forma pauperis status is to file the complaint and then "screen it" before service pursuant to 28 U.S.C. § 1915(e)(2)(B). Fisher v. Miller, 373 Fed. App'x 148, 148 (3d Cir. 2010) (citing Oates v. Sobolevitch, 914 F.2d 428, 429 n.1 (3d Cir. 1990)). 'The District Court may dismiss the complaint if, inter alia, it fails to state a claim upon which relief can be granted." See 28 U.S.C. § 1915(e)(2)(B)(ii); Fisher, Fed App'x at 148. If the Court finds that the Complaint fails to state a claim upon which relief can be granted, the Court must grant Plaintiff leave to amend the Complaint unless "amendment would be inequitable or futile." Grayson v. May view State Hosp., 293 F.3d 103, 106 (3d Cir. 2002) (citing Shane v. Fauver, 213 F.3d 113, 116-17 (3d Circ. 2000)); see alsoFisher, 373 Fed. App'x at 149-50.
Thus, we are obliged to screen Plaintiff's Complaint under 28 U.S.C. §1915(e). Despite the fact...
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