Jones v. Trooper Mazet et al

Filing 6

MEMORANDUM AND ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis; dismissing complaint without prejudice; directing clerk to close the case. Signed by Judge Paul W. Grimm on 10/6/2014. (c/m 10/7/2014 aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

*

IRVING HENDERSON JONES,
Plaintiff,

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v.

CIVIL ACTION NO. PWG-14-2299

*
*

TROOPER MAZET, et aI.,
Defendants.

******
MEMORANDUM AND ORDER
Plaintiff brings this self-represented

action against Maryland

State Trooper Mazet,

Assistant Public Defender Wesley Moore, and the Warden of the Wicomico County Detention
Center George Kaloroumakis.
exhibits.

ECF NO.3.

Am. CompI., ECF NO.4.

Plaintiff also filed supplemental

Plaintiff appears to be indigent and his Motion for Leave to Proceed in

Forma Pauperis, ECF No.2,

shall be granted.

Upon review of the Amended Complaint, the

Court concludes that it shall be dismissed under the provisions 0[28 U.S.C. ~ 19l5(e).
On June 19, 2014, Plaintiff was a passenger in a vehicle that Trooper Mazet stopped in
Salisbury, Maryland.

Am. CompI. ~ 1 & Supp. 1. Plaintiff claims that, while the front-seat

passenger was in possession of illegal drugs at the time of the stop, Plaintiff did not possess any
drugs. Am. CampI. ~ 6. He states that he was arrested and explained the circumstances to his
court-appointed attorney, Wesley Moore, but Moore "refused to listen to plaintiff' and "refused
to withdraw as plaintiffs

attorney."

!d. ~ 7. According to Plaintiff, this arrest led to his false

imprisonment by Warden Kaloroumakis.

Id.

Plaintiff brings this action pursuant to 42 U.S.C. ~ 1983. "[A]
damages attributable to an unconstitutional

S

1983 cause of action for

conviction or sentence does not accrue until the

conviction or sentence has been invalidated." See Heck v. Humphrey, 512 U.S. 477, 486-87 &

nn.6-8 (1994).

In other words,

a plaintiff who seeks to recover damages under

S 1983 for actions

whose unlawfulness would render a conviction or sentence invalid must first prove that the
conviction

or sentence has been reversed, expunged, invalidated,

or otherwise called into

question. !d. Plaintiff is awaiting trial on the charges arising from the incident,
not been convicted or sentenced yet. Therefore his

S 1983

1

such that he has

damages claim regarding his arrest

and detention must be dismissed?
Additionally, two elements are essential to sustain an action under 42 U.S.C.

S 1983.

Specifically, Plaintiff must demonstrate that: (1) he suffered a deprivation of rights, privileges or
'immunities secured by the Constitution and laws of the United States; and (2) the act or omission
causing the deprivation was committed by a person acting under color of law. See West v. Atkins,
487 U.S. 42, 48 (1988). Because there is no allegation that Assistant Public Defender Wesley
Moore, a state public defender, was acting under color of law, the claims against him shall be
dismissed.

An attorney, whether retained, court-appointed, or a public defender, does not act

under color of state law. See Deas v. Potts, 547 F.2d 800 (4th Cir.1976) (private attorney); Hall
v. Quillen, 631 F.2d 1154, 1155-56 & nn.2-3 (4th Cir. 1980) (court-appointed attorney); Polk
County v. Dodson, 454 U.S. 312, 317-24 & nn.8-16 (1981) (public defender). See also Vermont
v. Brillon, 556 U.S. 81,91 (2009) ("Unlike a prosecutor or the court, assigned counsel ordinarily
is not considered a state actor.").
Accordingly, it is this ~ (f, day Of~2014,

by the United States District Court for

the District of Maryland, hereby ORDERED that:
1 See

http://casesearch.courts.state.md.us/inquiry/.

2To the extent Plaintiff claims that there were constitutional deficiencies in his state court criminal
proceedings, he is free to file a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ~ 2254.

2

1.

Plaintiff is provisionally GRANTED leave to proceed in forma pauperis;

2.

The complaint is DISMISSED WITHOUT PREJUDICE;

3.

The Clerk shall MAIL a copy of this ~dum

4.

The Clerk shall CLOSE the case.

J~e°talolL

\

Paul

IA

and Order to Plaintiff; and

w~

United States District Judge

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