Opinion
Civil No. 2:19-CV-02007
03-04-2019
WILLIAM SHEELEY PLAINTIFF v. STATE OF ARKANSAS, DEPUTY PROSECUTING ATTORNEY MARK JOHNSON and PUBLIC DEFENDER AUBREY BARR DEFENDANTS
ORDER
The case is before the Court for preservice screening under the provisions of the Prison Litigation Reform Act (PLRA). Pursuant to 28 U.S.C. § 1915A, the Court has the obligation to screen any Complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
I. BACKGROUND
Plaintiff filed his Complaint on January 8, 2019. (ECF No. 1). He alleges his constitutional rights were violated when he was wrongfully accused of three (3) counts of rape. (Id. at 4). Plaintiff proceeds against all Defendants in their official and personal capacity. (Id. at 4, 5). Plaintiff seeks compensatory and punitive damages. He further seeks dismissal of all charges and the bonds against him. (Id. at 6).
II. LEGAL STANDARD
Under the PLRA, the Court is obligated to screen the case prior to service of process being issued. The Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted, or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b).
A claim is frivolous if "it lacks an arguable basis either in law or fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim fails to state a claim upon which relief may be granted if it does not allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). "In evaluating whether a pro se plaintiff has asserted sufficient facts to state a claim, we hold 'a pro se complaint, however inartfully pleaded ... to less stringent standards than formal pleadings drafted by lawyers.'" Jackson v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). Even a pro se Plaintiff must allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985).
III. ANALYSIS
A. State of Arkansas
Plaintiff's claim against the State of Arkansas is subject to dismissal. States and state agencies are not "persons" subject to suit under § 1983. Howlett v. Rose, 496 U.S. 356 (1990); Will v. Mich. Dept. of State Police, 491 U.S. 58 (1989); McLean v. Gordon, 548 F.3d 613, 618 (8th Cir. 2008).
B. Prosecuting Attorney
As a prosecuting attorney, Defendant Johnson is immune from suit. A prosecutor is absolutely immune from suit for any conduct undertaken in his or her role as advocate for the state. Imbler v. Pachtman, 424 U.S. 409 (1976). Absolute prosecutorial immunity protects the prosecutor as a key participant in the criminal justice process, such that the prosecutor need not be inhibited from performing his or her functions by a constant fear of retaliation. Id. at 428. This is true no matter the underlying motive of the prosecutor or the propriety of the actions taken. Myers v. Morris, 810 F.2d. 1437, 1446 (8th Cir. 1987) (finding that allegations that a prosecutor proceeded with a prosecution based on an improper motive did not defeat absolute prosecutorial immunity); Schenk v. Chavis, 461 F.3d 1043, 1046 (8th Cir. 2006) ("Actions connected with initiation of prosecution, even if those actions are patently improper are immunized." (internal quotation omitted)).
C. Public Defender
To the extent Plaintiff's allegations can be interpreted as a claim of ineffective assistance of counsel against Defendant Barr, his appointed public defender, it is subject to dismissal. To state a claim under § 1983, a plaintiff must allege that the defendant, while acting under color of state law, deprived him of a federal right. In Polk County v. Dodson, 454 U.S. 312, 325 (1981), the Supreme Court held that a public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to indigent defendants in state criminal proceedings. Thus, when the claim is merely that the public defender failed to adequately represent the client in his criminal proceedings, it does not state a cognizable claim under § 1983. See also Gilbert v. Corcoran, 530 F.2d 820 (8th Cir. 1976) (conclusory allegations of ineffective assistance of counsel do not state a claim against public defenders under § 1983).
IV. CONCLUSION
For these reasons, IT IS ORDERED that Plaintiff's claims are DISMISSED WITH PREJUDICE. This case constitutes a strike pursuant to 28 U.S.C. § 1915(g) and the Clerk is DIRECTED to place a § 1915 strike flag on the case.
Judgment will be entered accordingly.
IT IS SO ORDERED this 4th day of March 2019.
/s/_________
P. K. HOLMES, III
U.S. DISTRICT JUDGE