Johnson v. Roberts et al

Filing 4

ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 3/17/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ALDO RAY JOHNSON, JR. ,
Plaintiff,
v.

Case No: 6:17-cv-442-Orl-37TBS

CHARLES J. ROBERTS, PHIL
ARCHER, A.B. MAJEED and ANDREW
REID,
Defendants.
/
ORDER
This cause is before the Court on Plaintiff’s civil rights complaint pursuant to 42 U.S.C. §
1983. (Doc. 4). Plaintiff is a pretrial detainee proceeding pro se. Pursuant to 28 U.S.C. § 1915A(b),
the Court is required to perform a judicial review of certain civil suits brought by prisoners to
determine whether the suit should proceed:
(b)

Ground for Dismissal - On review, the court shall identify cognizable claims
or dismiss the complaint, or any portion of the complaint, if the complaint (1)

is frivolous, malicious, or fails to state a claim upon which relief
may be granted; or

(2)

seeks monetary relief from a defendant who is immune from such
relief.

Thus, courts are obligated to screen prisoners’ civil rights complaints as soon as practicable and to
dismiss those actions which are frivolous or malicious or fail to state a claim for relief. 28 U.S.C.
§ 1915(e). A complaint is frivolous if it is without arguable merit either in law or in fact. Neitzke
v. Williams, 490 U.S. 319, 325 (1989); Cofield v. Alabama Public Service Com’n, 936 F.2d 512,
515 (11th Cir. 1991); Prather v. Norman, 901 F.2d 915 (11th Cir. 1990). Additionally, the Court

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must read the plaintiff’s pro se allegations in a liberal fashion. Haines v. Kerner, 404 U.S. 519
(1972); Miller v. Stanmore, 636 F.2d 986, 988 (5th Cir. 1981).
Plaintiff is suing State Judges Charles J. Roberts and A.B. Majeed, State Attorney Phil
Archer, and Public Defender Andrew Reid for violation of his constitutional rights. (Doc. 1 at 24). Specifically, Plaintiff contends Judge Roberts and State Attorney Archer allowed Public
Defender Reid to waive Plaintiff’s right to speedy trial without his permission. (Id. at 5). Plaintiff
also complains Judge Majeed denied him bond. (Id.). Plaintiff requests $2 million for punitive
damages and $10,000 for each day he is incarcerated. (Id. at 6-7).
To the extent Plaintiff is suing his appointed public defender, “[a]n attorney, whether
appointed by the state or privately retained, ‘does not act under color of state law when performing
a lawyer’s traditional functions as counsel to a defendant in a criminal proceeding.’” Amaro v.
Vedder, 317 F. App’x 193, 194 (3rd Cir. 2009) (quoting Polk County v. Dodson, 454 U.S. 312,
318-19 (1981)); see also Wilson v. Dollar-Thrifty Auto Group-South Fla Transport, 286 F. App’x
640, 642 (11th Cir. 2008). Thus, Plaintiff’s claim against Defendant Reid must be dismissed.
Moreover, “[f]ew doctrines were more solidly established at common law than the
immunity of judges from liability for damages for acts committed within their judicial jurisdiction
. . . . This immunity applies even when the judge is accused of acting maliciously and corruptly.”
Pierson v. Ray, 386 U.S. 547, 553-54 (1967); see also Bolin v. Story, 225 F.3d 1234, 1239 (11th
Cir. 2000) (“Judges are entitled to absolute judicial immunity from damages for those acts taken
while they are acting in their judicial capacity unless they acted in the ‘clear absence of all
jurisdiction.’ This immunity applies even when the judge’s acts are in error, malicious, or were in
excess of his or her jurisdiction.”). Likewise, prosecutors are immune from suit under section 1983
for acts taken during the course of their duty as a prosecutor. Kalina v. Fletcher, 522 U.S. 118

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(1997); Imbler v. Pachtman, 424 U.S. 409 (1976); Jones, 174 F.3d at 1281 (prosecutors enjoy
absolute immunity from suits relating to the initiation and pursuit of criminal prosecution, alleging
malicious prosecution, regarding appearances before the court, and stemming from the
prosecutor’s function as an advocate). Thus, Defendants Roberts, Majeed, and Archer are cloaked
with immunity for their alleged improper activities which are associated with Plaintiff’s criminal
proceeding.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

This case is DISMISSED for failure to state a claim upon which relief may be granted.

2.

The Clerk of the Court is directed to enter judgment, terminate any pending motions, and

close this case.
DONE and ORDERED in Orlando, Florida on March 17, 2017.

Copies furnished to:
Unrepresented Parties

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