Ridgeway v. Laurel County Jailer
Filing
3
MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. on 4/12/2012; Plaintiff's criminal complaint will be dismissed by separate order. Clerk of Court DIRECTED to send Plaintiff a 1983 packet containing the forms necessary to file a 1983 action should he choose to do so. cc: Plaintiff, pro se; Defendant (CDF)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
THOMAS RIDGEWAY
v.
PLAINTIFF
CIVIL ACTION NO. 1:12CV-P34-M
LAUREL COUNTY JAILER
DEFENDANT
MEMORANDUM OPINION
Plaintiff Thomas Ridgeway initiated this action by filing a document styled “Motion for
Federal Action - Authority.” He asks the Court to order the federal authorities to investigate
and file criminal charges of first-degree criminal abuse of a prisoner regarding an incident that
occurred on or about January 27, 2012, at the Laurel County Jail.
“Authority to initiate a criminal complaint rests exclusively with state and federal
prosecutors.” Sahagian v. Dickey, 646 F. Supp. 1502, 1506 (W.D. Wis. 1986); United States v.
Nixon, 418 U.S. 683, 693 (1974) (“[T]he Executive Branch has exclusive authority and
absolute discretion to decide whether to prosecute a case.”); Williams v. Luttrell, 99 F. App’x
705, 707 (6th Cir. 2004) (“[A]s a private citizen, Williams has no authority to initiate a federal
criminal prosecution of the defendants for their alleged unlawful acts.”). As “a private citizen
lacks a judicially cognizable interest in the prosecution or nonprosecution of another,” Linda
R. S. v. Richard D., 410 U.S. 614, 619 (1973), Plaintiff’s criminal complaint will be dismissed
by separate Order.
Plaintiff may always file a civil action under 42 U.S.C. § 1983, a civil-rights statute
which provides for redress of constitutional violations committed by persons acting under
color of state law. The Clerk of Court is DIRECTED to send Plaintiff a § 1983 packet
containing the forms necessary to file a § 1983 action should he choose to do so.
Date:
April 12, 2012
cc:
Plaintiff, pro se
Defendant
4414.005
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