Stevens v. Robinson
| Docket Number | 6:23-CV-40-REW |
| Decision Date | 28 December 2023 |
| Parties | JOHN STEVENS, Plaintiff, v. PATRICK ROBINSON, et al ., Defendants. |
| Court | U.S. District Court — Eastern District of Kentucky |
Plaintiff John Stevens is currently confined at the Clay County Detention Center located in Manchester, Kentucky. Proceeding without an attorney, Stevens has filed a civil complaint pursuant to 42 U.S.C. § 1983 against Clay County Sheriff Patrick Robinson, Deputy Sheriff Trent Baker, Clay County Circuit Judge Oscar Gayle House, and Clay County Assistant Commonwealth's Attorney Harold Douglas Rader. See DE 1 (Complaint).
In his Complaint, Stevens alleges that on or about August 20, 2021 he was arrested by Deputy Trent Baker and charged with second-degree burglary and “theft by unlawful taking.” See DE 1 at 2. According to Stevens Deputy Baker testified to the Grand Jury that Stevens broke into Brandi Curry's house and stole three cell phones and a laptop. See id. However, Stevens claims that Deputy Baker's testimony was contradicted by Curry's testimony that Stevens did not break into her house or steal anything from her, but instead, tore up a bicycle tire in her driveway. See id. Stevens also alleges that Rader “pushed through” an indictment charging Stevens with burglary, even though Deputy Baker never saw Stevens near Curry's house, and arrested Stevens as he was walking down the road. See id. Stevens states that, rather than Curry, the email addresses on the allegedly stolen phone belonged to Stevens, his mom, and another individual. See id. at 3.
Stevens further alleges that Sheriff Robinson “has a long history of allowing his men to perjure themselves before both courts and grand juries even when the alleged victims testify otherwise.” See id. at 2-3. Stevens also claims that Rader “consistently ignores victim testimony.” See id. at 3. Stevens alleges that the bond set by Judge House violated his Eighth Amendment rights and claims that there is “a system of corruption and abuse” in Clay County. See id. Finally, Stevens alleges that “[a]t no time did deputies ask to search me and then tased me even though I was not resisting,” which he claims is “police brutality.” Id.
Based upon these allegations, Stevens seeks to sue Sheriff Robinson, Deputy Baker, Judge House, and Rader for allegedly violating his rights under the Fourth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. See DE 1 at 4. As relief, he seeks amendment of his criminal charges to reflect that he tore up a bicycle tire, and monetary damages in the amount of $10 million for “police brutality, prosecutorial misconduct, and for the Judge violating [his] VI, VIII, and XIV Amendment rights and for the cops violating [his] IV and XIV Amendment rights.” Id. at 8.
A review of Kentucky Court of Justice records shows that in April 2022, Stevens was charged in Clay County Circuit Court with one count of second-degree burglary in violation of KRS § 511.030, two counts of theft by “unlawful taking or disposition” in violation of KRS § 514.030, and one count of attempted second-degree burglary in violation of KRS § 511.030. See Commonwealth v. John Stevens, No. 22-CR-00032 (Clay Cnty. Cir. Ct. 2022).[1]After the Commonwealth made an offer on a guilty plea, Stevens pleaded guilty to the burglary charges on May 30, 2023, and Judgment was entered on July 31, 2023. Id.
By separate order, the Court has granted Stevens's motion to proceed without prepayment of the filing fee. See DE 8 (Order Granting IFP). Thus, the Court must conduct a preliminary review of Stevens's Complaint pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A. A district court must dismiss any claim that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 127 S.Ct. 910 (2007). Stevens's Complaint is evaluated under a more lenient standard because he is not represented by an attorney. See Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007); Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011). At this stage, the Court accepts the plaintiff's well-pleaded factual allegations as true. See Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).
After thoroughly reviewing Stevens's Complaint, the Court must dismiss it on initial screening for multiple reasons.
First, to the extent that Stevens seeks relief from his conviction (including amendment of the charges against him), Stevens may not use a civil action filed pursuant to 42 U.S.C. § 1983 to directly or indirectly undermine or impugn the validity of his criminal prosecution. Rather, Stevens's sole federal remedy is to file a petition for a writ of habeas corpus. See Preiser v. Rodriguez, 93 S.Ct. 1827, 1841 (1973) (“[W]hen a state prisoner is challenging the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate release or a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus.”). A writ has multiple procedural predicates, none of which Plaintiff here purports to have met.
Next, Stevens may not recover the monetary relief he seeks against Judge House or Rader. While Stevens does not indicate whether he sues Judge House or Rader in their official or individual capacities, his claims are barred either way. An “official capacity” claim against a government official is construed as a claim directly against the governmental agency employing that official. See Lambert v. Hartman, 517 F.3d 433, 439-40 (6th Cir. 2008); Alkire v. Irving, 330 F.3d 802, 810 (6th Cir. 2003) (“While personal-capacity suits seek to impose personal liability upon a government official for actions he takes under color of state law, individuals sued in their official capacities stand in the shoes of the entity they represent.”) (citations and quotation marks omitted). Thus, claims against Judge House and Rader in their “official” capacities are construed as claims against the Judicial Branch of the Commonwealth of Kentucky and the Commonwealth's Attorney's Office, respectively.
However, the Eleventh Amendment specifically prohibits federal courts from exercising subject-matter jurisdiction over a suit for money damages brought directly against a state, its agencies, and state officials sued in their official capacities. See Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 113 S.Ct. 684, 687-88 (1993); Brent v. Wayne Co. Dept. of Human Servs., 901 F.3d 656, 681 (6th Cir. 2018). Nor are such entities suable “persons” within the meaning of 42 U.S.C. § 1983. See Kanuszewski v. Mich. Dept. of Health and Human Servs., 927 F.3d 396, 417 n.11 (6th Cir. 2019); see also Will v. Mich. Dept. of State Police, 109 S.Ct. 2304, 2308-2310, 2312 (1989).
The Commonwealth of Kentucky itself is plainly entitled to immunity. In addition, the Commonwealth's Attorney's Office qualifies as an “arm of the state” for Eleventh Amendment purposes. See Joseph v. Office of Perry Cnty. Commonwealth Attorney, Civil Action No. 6:14-97-KKC, 2014 WL 2742796, at *2 (E.D. Ky. June 16, 2014) (“The Commonwealth's Attorney's office, which is a constitutionally-established office of the state government, is without question an integral extension of the state such that suit against the office may be legitimately classified as brought against the Commonwealth.”) (quotation marks omitted). Thus, Stevens may not pursue § 1983 claims seeking monetary damages against the Commonwealth directly or against Judge House or Rader in their official capacities.
Stevens's claims fare no better if construed as claims against Judge House and Rader in their individual capacities. Judges have long been entitled to absolute judicial immunity from claims arising out of their performance of functions integral to the judicial process. See Pierson v. Ray, 87 S.Ct. 1213, 1217-18 (1967). “Judicial immunity is an immunity from suit, not just from ultimate assessment of damages,” and, accordingly, is “not overcome by allegations of bad faith or malice, the existence of which ordinarily cannot be resolved without engaging in discovery and eventual trial.” Mireles v. Waco, 112 S.Ct. 286, 288 (1991). Similarly, prosecutors enjoy absolute immunity from any action that is central to the judicial proceeding against a defendant. See Van de Kamp v. Goldstein, 129 S.Ct. 855, 861 (2009); Adams v. Hanson, 656 F.3d 397, 401-03 (6th Cir. 2011).
Without question, Judge House's determination of the amount of Stevens's bond falls squarely within his role as a Circuit Judge. See Huffer v. Bogen, 503 Fed.Appx. 455, 459 (6th Cir. 2012) () (quoting Stump v. Sparkman, 98 S.Ct. 1099, 1107 (1978)). Thus, judicial immunity bars Stevens's claims against Judge House. Rader also has absolute prosecutorial immunity in pursuing an indictment against Stevens. See Buckley v. Fitzsimmons, 113 S.Ct. 2606, 2613 (). Therefore, Stevens's claims against Rader are likewise barred.
As for Stevens's claims related to Deputy Baker's allegedly perjured grand jury...
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