Hopson v. Briesher et al

Filing 5

MEMORANDUM OPINION by Judge John G. Heyburn, II on 3/19/2013; the court will enter a separate order of dismissal.cc: plaintiff pro se (TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
DENDRE HOPSON

PLAINTIFF

v.

CIVIL ACTION NO. 3:12CV-729-H

STEVE BRIESHER et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff, Dendre Hopson, proceeding pro se, in forma pauperis has filed a “Civil Rights
Act” complaint (DN 1). This matter is before the Court for screening pursuant to 28 U.S.C.
§ 1915(e)(2) and McGore v. Wrigglesworth, 114 F.3d 601, 608-09 (6th Cir. 1997). For the
reasons set forth below, the action will be dismissed.
I. SUMMARY OF CLAIMS
Plaintiff names 43 Defendants in this action. He lists them as follows: 1) Steve Briesher;
2) Ron Smith; 3) Kentucky Attorney General; 4) Interchange Law Firm; 5) Susan Gibson;
6) Charlie Cunningham; 7) Commonwealths Attorneys Office; 8) Louisville Metro Police
Department; 9) Stephanie Burke; 10) Brain Edwards; 11) James Shakes; 12) John Blavinavich;
13) Jay Wydell; 14) Charles Hadgan; 15) “Louisville Sherrifs Department”; 16) Frank Mcscagni
Law Office; 17) Recole Oneal; 18) Ruth Spencer; 19) Auguair Law Office; 20) Benny Berry;
21) Benny Lightsey; 22) Debbrah Lightsey; 23) Adam Solinger; 24) “Robert Hump Robert
Klienfield(Florida)”; 25) Dr. Robert Solinger; 26) Judge Collins; 27) Gary Huffman; 28) Indiana
Attorney General; 29) Casey McCall; 30) Kamniesh Law Office; 31) Niel Roy; 32) Scott Barton;
33) Ms. Barton (Intake Warrant Office); 34) U of L Hospital; 35) Emory Hospital (Atlanta);
36) Baptist East Hospital (Louisville Ky); 37) Floyd Memorial; 38) Domestic Violence Unit;
39) Child Protective Services in Louisville; 40) “Judge Stringer(Family Court Judge)”; 41) “FBI

Station in Louisville Also A T F Unit (Louisville Ky)”; 42) Department of Justice; and 43)
Secret Service Location in Louisville.
Plaintiff states that this is a “Civil Rights Act” action. He further appears to set forth the
jurisdictional basis of this action as follows:
These defendents are all into federal extortion of Deandre Hopson,other acts that is
takeing place is serious case of tampering wit witness, obstructing of justice to the
extreme,money laundering to use in voteing race for seats,intimadation on
voteing,black mail, murder,rape false statements by detective to grand jurys
defrauding ourgovernment for useless cort proceedings,prosectial mis conduct,abuse
of cort proceedings, False Claim Acts, tampering wit court documents,
rackeetering,depriving a person of they human rightof liberty also protection from
terroist activitys,war crimes and statagies,legal kiddnapping.These are some of the
facts taking place to end my life also to still all my insurance claim as was done to
the Youth Alive Childrens family the Claybrooks and Shields family same method
being done to extort Deandre Hopson.
Plaintiff includes a section in his complaint captioned “Cause of action.” This section
includes over eight pages of single-spaced, capitalized allegations against Defendants.
Plaintiff’s allegations include the following:
Steve Brisher uses a person named Ron Smith . . . also Beeny Berry to hide houses
for officals to avoid taxes.Also ,to inject terrorism in our communities . . . Attorney
General has the power to get investagations done but will not contact milatary
officals to come help ,when city is in imment need for security for our children . . .
Interchange Law Office is in complete conflict of interest because of attorneys were
representing me in same case of soler chargers . . . Susan Gibson is in total conflict
of interest for being my judge from day one, she was my prosecutor in case
96.CR.002021 . . . untrustworthy also a thret to public safty also using government
tax payers money defrauding the government on abuseive court proceduers and
setting upkangaroo courts . . . Charlie Cunningham is a judge that no matter the
situation he is on thr prosucuyers side to the end . . . Louisville Metro Police
Department for not takeing any of my call ins serious, allowing what ever to happen
to me . . . for destroying my relation ship wit my girlfriend . . . Stephanie Burkie was
the judge in distric court who on Megan Pleasant case denied these young ladies any
protection from these Benny Beery guy . . . Brain Edwards is a judge who was
allowing Ahren Whaley to go forward wit a case which I didn’t commit or I didn’t
put in court under my name . . . James Shakes was judge who is also setting up a
kangaroo court to minipulate these insurance claim plot wit Kentucky Farm Bureau
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to try and dissmiss it knowing it is not real court . . . John Blavenavich is prosucuter
used to prosucute these charges knowing that they are false and wont drop cases
.used to hold them on me to control me and get the attorneys to charge me money
breaking me stealing my saved earnings . . . Jay Wydall is attorney who is in direct
conflict of interest of uesing stolen insurance money to build a law firm . . . Charles
Hadgan was attorney uesd to try and get me to plea to a charge I didn’t want to try
later to railroad me to the pen . . . then try to have Ruthann Spencer who is part of
they terrorist cult then lie on me to put me inside of an accident she had trying to
frame me to take that charge but she walks in court rooms every time I go wit a
domestic voilence warrant on her and another warrant and they don’t arrest her . . .
also they gave her my children custody and she wasn’t even in family court she
missed the whole court hearing and I even explained she was into rackeetering wit
these folks indangering my small children . . . Louisville Sherrifs Department has
never notified me of any court dates to appear to testify to the grand jury on behlf of
them robbing and assulting me but switched cases wit me and Ruth Ann Spencer
case numbers to get they bond money back . . . Frank Mscagni was my attorney who
stole all my money and then never notified me of any testifing dates ,but later took
more money and never sighned up my drug case . . . Recole Oneal was name Ruth
Spencer told me to use so she could later go back and cash in my lawsuit wit Sam
and I could never get a copy of the check when I found out what she was up to
setting me up with these terrorist to rob me blind . . . Ruth Spencer is my babys
mother, she was always a problem due to I had to get her an abortion a year ago for
cheating on me ,that’s when I use to come home from studio and find ties on my
floor like someone was tieing her up . . . there is no reason she is back at my moms
house but to try to cause some kind of trouble to try and paint a false piture like all
the rest of these false acts by government and there penitenry agents they hired to
minipulate pepole on the street and take they money and commit murders and lot of
other false claims to rob the public directly or indirectly . . . I released a album from
Aone Entertaiment last year and she made a call in my car and told me not to release
the album cause I would have trouble but I did anyway and the next couple of hours
a person died on 37 and Broadway ,I had a pitcure of that street on my album cover
. . . I let them record for free to set them up for evidence later to be heard by every
one,they were directly talking to me in the music trying to exploit me and cause a
problem that’s when I knew they were after me from that point threw the music and
they own words , and she was a part of the madness then . . . Auguair Law Firm was
in direct conflict of interest from start , he was Youth Alives attorney also he was
also my attorney which means Denise Rainey was responsible for the four children
being put in that car to get killed to get wrongful death lawsuits . . . Benny Berry is
a sick phyco path with a very minipulative mind, he is phychological and very
dangerous person as his past records will show that ,he promotes the the type of
social influence that aims to change the perception or behavior of others through
underminding and deceptive or even abuseive tactics . . . Benny Lightsey used as a
person down the chain from Ron Smith who was appointed by the Govenor him self
to rackeeter for top officals renting out homes so elites wont have to pay taxes . . .
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Adam Solinger is a master mind in keeping all the books for these whole secret
faterinty . . . also tried to get me killed working for him passing out flyers . . . Terill
Grey told me to stop working for the Golden Jew ,which is Adam Solinger from
Cash Crash ,Because the guy was jealous of my relations to the community and
wanted to use me for a bllod sacafice to up his buisness sales . . . Fred G Thomas was
a producer for Aone Entertainment , produceing beats and other material for my
company,he tampered wit the gas lines which im next to a gas staion and tried to
blow up my studio . . . these was for sure a terrorist attack . . . state officials were
behind these plot also . . . Robert Klien Field was a doctor from Florida that all these
people worked for . . . Gary Huffman is used to apply false statements to the grand
juries to get false inditements ,as he targets black males to then extortion what the
elites ask for ,for a kick back in return . . . these folks are paper gangsters they pimp
you threw court . . . Keith Kemnieh Law Firm is the target were extortion is key . .
. Casey McCall is main attorney of fraud playing on my side one second to gain all
my information and then flipping to the other side to warn and work wit Mark
Chandler Benny’s favirite rackeetering buddie . . . County Clerks also Chief Deputy
Clerks were both caught tampering wit court documents ans eraseing court records
to try to help defendents railraod me to jail . . . Judge Collins is a simpley bad judge
only in position to railroad folks . . . also bad mouth wit curse words and
profanity,knowing that she don’t talk to her children that way . . . Indiana Atoorney
General , I filed a rackeetering case in Indiana to try to help my innocent children
from being exploited by these sic folks . . . a Holt Holucust to call the milatry if your
chicken to act yourself, you can tell these also was a member of terrorist cause they
not trying to protect Ammerican citizens . . . Uof L Hospital has tampered wit
physical evidence which is me by placeing a forieng object in my face on surgerys
done on 10.22.10 to cover up damages done by Benny Berry and Benny Lightsey
also will not treat me our take it out don’t know if they instored a tracking device .
. . also to have terrorist activity inside working for them.Jewish Hospital,Emory
Hospital in Atlanta, Baptist East in Atlanta , Floyd Momorial, ear mouth an throat
in Indiana all refused to give me serious medical treatment due to not wantin to go
behind U of Ls work to be left ou to die and in level 10 PAI as well as cant call the
police fa help kangaroo courts being set up to rairoad me to prision is a crime against
humanity should be tooken to milatary court or international courts.
As relief, Plaintiff seeks punitive damages and “intentional infliction of emotional
disturbance” damages in the amount of twenty million dollars from each Defendant. He also
seeks pain and suffering, monetary damages, and special damages in the amount of ten million
dollars from each Defendant.

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II. ANALYSIS
Upon review under 28 U.S.C. § 1915(e), a district court must dismiss a case at any time if
it determines that the action 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. 28
U.S.C. § 1915(e)(2)(B). Rule 12(h)(3) of the Federal Rules of Civil Procedure allows sua sponte
dismissal of an action at any time that the court determines that it lacks subject-matter
jurisdiction. Additionally, “a district court may, at any time, sua sponte dismiss a complaint for
lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil
Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial,
frivolous, devoid of merit, or no longer open to discussion.” Apple v. Glenn, 183 F.3d 477, 479
(6th Cir. 1999) (citing Hagans v. Lavine, 415 U.S. 528, 536-37 (1974)).
In order to survive dismissal for failure to state a claim, “a complaint must contain
sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544,
570 (2007)). “[A] district court must (1) view the complaint in the light most favorable to the
plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers,
USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466
(6th Cir. 2009) (citations omitted)).
“But the district court need not accept a ‘bare assertion of legal conclusions.’” Tackett v.
M & G Polymers, USA, LLC, 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum, 58
F.3d 1101, 1109 (6th Cir. 1995)). The court’s duty “does not require [it] to conjure up unpled

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allegations,” McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979), or to create a claim for a
plaintiff. Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir. 1975). “[A]
plaintiff’s obligation to provide the ‘grounds’ of his ‘entitlement to relief’ requires more than
labels and conclusions, and a formulaic recitation of the elements of a cause of action.” Bell Atl.
Corp. v. Twombly, 550 U.S. at 555 (citation omitted). A complaint must contain “more than an
unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. at
678.
Plaintiff’s complaint almost exclusively contains broad and conclusory allegations that
are not entitled to the assumption of truth. See Abner v. Focus: Hope, 93 F. App’x 792, 793 (6th
Cir. 2004) (stating that the court is not “required to accept non-specific factual allegations and
inferences or unwarranted legal conclusions”). These conclusions are not supported by factual
allegations that would “plausibly give rise to an entitlement to relief.” Ashcroft v. Iqbal, 556
U.S. at 679. Plaintiff’s complaint is rambling, disjointed, implausible, and fails, as it is required
to do, to contain “either direct or inferential allegations respecting all the material elements to
sustain a recovery under some viable legal theory.” Scheid v. Fanny Farmer Candy Shops, Inc.,
859 F.2d 434, 436 (6th Cir. 1988) (quoting Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101,
1106 (7th Cir. 1984)). While Plaintiff states that this is a “Civil Rights Act” complaint, it is
unclear to which statute Plaintiff is referring,1 and he alleges no discrimination. Therefore, this

1

The Civil Rights Act of 1964 (“CRA”) guarantees equal voting rights by removing registration
requirements and procedures biased against minorities, 42 U.S.C. § 1971(e); prohibits segregation or
discrimination in places of public accommodation involved in interstate commerce, 42 U.S.C. § 2000a;
deals with the desegregation of public schools, 42 U.S.C. § 2000c et seq.; mandates nondiscrimination in
the distribution of funds under federally assisted programs, 42 U.S.C. § 2000d; and bans discrimination
by trade unions, schools, or employers involved in interstate commerce or doing business with the federal
government, 42 U.S.C. § 2000e et seq.

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action must be dismissed for failure to state a claim upon which relief may be granted and for
lack of subject-matter jurisdiction.
The Court will enter a separate Order of dismissal.
Date:

March 19, 2013

cc:
Plaintiff, pro se
4412.003

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