White v. United States
| Decision Date | 19 December 2011 |
| Docket Number | A-11-CA-735-SS |
| Parties | ANTHONY S. WHITE #863584/F10219 v. UNITED STATES OF AMERICA, et al. |
| Court | U.S. District Court — Western District of Texas |
The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. §636(b) and Rule 1(f) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrates, as amended, effective December 1, 2002.
Before the Court are Plaintiff's complaint supplemental request for relief [#10], more definite statement [#11], Motion to Proceed to Trial [#12], Motion for Discovery/Request for Production of Documents [#14], and Petition for a Writ of Mandamus [#16]. Plaintiff, proceeding pro se, has been granted leave to proceed in forma pauperis.
At the time he filed his complaint pursuant to 42 U.S.C. § 1983, Plaintiff was confined in the Hays County Jail. Plaintiff had been charged with aggravated assault with a deadly weapon. On August 4, 2011, the 22nd Judicial District Court of Hays County, Texas, found Plaintiff incompetent to stand trial in Cause No. 11-0438. As a result, Plaintiff was transferred to the Spruce Unit of the Vernon State Hospital, now referred to as the North Texas State Hospital. Plaintiff recently informed the Court he has been found competent and has been returned to the Hays County Jail.
In his original complaint Plaintiff alleges his girlfriend Patrice filed a statement on April 23, 2011, because she wanted a protective order issued against Plaintiff. Kyle Police Officer Tim Griffith allegedly prepared a probable-cause affidavit regarding Patrice's allegations, and a warrant was issued for Plaintiff's arrest. Patrice subsequently amended her statement to clarify that Plaintiff did not threaten her and her only injury was hurt feelings. Plaintiff accuses the United States of America of allowing disabled vets to be mistreated and the State of Texas of conniving Hays County in arresting him with no evidence. He also alleges the Hays County Jail Staff's treatment has "scarr[ed his] mentality for life" and he was denied counsel, access to a legal library, and the court.
Plaintiff sues the United States of America, Tim Griffith of the Kyle Police Department, the Hays County Jail Staff, the judges and court appointed counsel for the 22nd Judicial District of Hays County, and the State of Texas. He initially requested "justice for all the unlawfull [sic] conniving proceeds, statements, and treatment" and reimbursement for "all the resources [he's] lost in [his] unlawful detention." Plaintiff amended his request and now requests that Tim Griffith be disciplined, the Hays County Jail grievance process be fixed, a public apology from Sheriff Cuttler, that disciplinary action be taken against the judge, his court appointed counsel and the Hays County District Attorney, and for the "State of Texas to pay for loss resources and pain and suffering of May 4, 2011 to this day . . . 4 million dollars, 1 million from each Defendant, for stress and grief causing [him] much mental anguish." In his most recent filing Plaintiff requests a writ of mandamus with regard to his pending criminal case in Hays County.
After consideration of Plaintiff's original complaint, Plaintiff was ordered to file a more definite statement. In his more definite statement Plaintiff complains Defendant Griffith never conducted an investigation with regard to Patrice's statement about the events that occurred onApril 23, 2011. Plaintiff alleges Griffith's probable-cause affidavit was different than Patrice's statement. Plaintiff explains he only pushed Patrice after Patrice punched him. Plaintiff asserts Patrice corrected Griffith's false statement in her Non-Prosecution Affidavit.
Plaintiff attached a copy of Griffith's Complaint and Affidavit of Probable Cause for Arrest to his more definite statement. Griffith's affidavit provides:
Plaintiff also attached a copy of Patrice's Affidavit of Non-Prosecution. Patrice clarified the length of time Plaintiff's hands were around her neck was not accurate in the police report. She explained it was approximately five seconds instead of thirty seconds. Patrice also indicated, after she grabbed the scissors, she cut one of Plaintiff's shirts and a pair of pants. She also asserts she asked Plaintiffnot to leave. Patrice indicated some of the things she stated to the police on the day of the incident were not accurate and her statement was not as detailed as it should have been. Her statement is now:
Anthony White and I both entered into a minimal physical altercation. I hit him first, as a reaction he grabbed me by my neck. I am fair skinned and I bruise easily, however no physical damage was incurred. The only thing that was hurt were my feelings and in turn his as well. Neither of our actions were justified, however I do not feel that he should sit in jail and be prosecuted for a small altercation. I believe that his punishment so far more than accomadates [sic] the crime comitted [sic]. He has apologized and we have forgiven each other for our actions.
Plaintiff and Patrice married on July 21, 2011, while Plaintiff was confined in the Hays County Jail.
With regard to the Hays County Jail Plaintiff alleges he was mistreated by Lt. Villopando, Covasos, Cpl. Edwards and "a few others [who] monitor D1-3." Plaintiff contends Hays County caused him to be diagnosed "Axis I diagnoses of bipolar Disorder, Cyclic Type with mixed Episodes and Psychotic Features; Tramatic [sic] Brain injury, mild and Posttraumatic stress Disorder." Plaintiff states in normal circumstances he is not as severely bipolar. Plaintiff also complains he was forced to wear his sweaty uniform for seven days, causing Plaintiff's depression. Plaintiff alleges Covasos is a gang member and should not be working in the Hays County Jail. He believes Covasos discussed his case with other gang members confined in the jail. Plaintiff alleges Villopando intercepted his grievances and that Cpl. Edwards answered his grievance directed to the sheriff. Plaintiff disagrees with how his grievances are being handled by Villopando and Edwards. He also indicates he is scared to eat the food at the Hays County Jail because he believes it is poisoned with ink.
With regard to the 22nd Judicial District Court, judges and court-appointed counsel Plaintiff alleges Judge Ramsay, court-appointed counsel Pastrano and the District Attorney conspired to havePlaintiff diagnosed as incompetent, which caused him grief and suffering. Plaintiff believes the District Attorney is withholding Patrice's statement, which proves he is not guilty. Plaintiff asserts he has not been taken to court to plead not guilty. Plaintiff denies he is incompetent. Plaintiff believes his new court-appointed counsel has lied to him.
An in forma pauperis proceeding may be dismissed sua sponte under 28 U.S.C. § 1915(e) if the court determines the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief against a defendant who is immune from suit. A dismissal for frivolousness or maliciousness may occur at any time, before or after service of process and before or after the defendant's answer. Green v. McKaskle, 788 F.2d 1116, 1119 (5th Cir. 1986).
When reviewing a plaintiff's complaint, the court must construe plaintiff's allegations as liberally as possible. Haines v. Kerner, 404 U.S. 519, 92 S. Ct. 594 (1972). However, the petitioner's pro se status does not offer him "an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets." Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
Plaintiff's claims against the United States are barred by sovereign immunity. Civil rights suits against the United States...
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