Vonneedo v. Dennis et al
Filing
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MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Thomas Vonneedo, Jr., 4 MOTION to Appoint Counsel filed by Plaintiff Thomas Vonneedo, Jr. IT IS HEREBY ORDERED that plainti ff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.98 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittanc e payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that all pr oceedings in this case are STAYED pending final disposition of the appellate proceedings and post-conviction proceedings against plaintiff relating to his criminal cases of State v. Vonneedo, Case Nos. 15SO-CR01124-01 (33rd Judicial Circuit, Scott Co unty Court) and 14MI-CR00436-02 (33rd Judicial District, Scott County Court).IT IS FURTHER ORDERED that plaintiff shall notify the Court in writing concerning the final disposition of the criminal charges pending against him in State v. Vonneedo, Cas e Nos. 15SO-CR01124-01 (33rd Judicial Circuit, Scott County Court) and 14MI-CR00436-02 (33rd Judicial District, Scott County Court).IT IS FURTHER ORDERED that this case is ADMINISTRATIVELY CLOSED pending final disposition of the appellate proceedings and post-conviction proceedings related to the criminal charges pending against plaintiff in State v. Vonneedo, Case Nos. 15SO-CR01124-01 (33rd Judicial Circuit, Scott County Court) and 14MI-CR00436-02 (33rd Judicial District, Scott County Court). T his case may be reopened by plaintiff's filing of a motion to reopen the case after such final disposition. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #4] is DENIED AS MOOT at this time. IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with a blank copy of the Prisoner Civil Rights Complaint Form. (Initial Partial Filing Fee due by 1/2/2018.) Signed by District Judge Stephen N. Limbaugh, Jr on 11/30/17. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
THOMAS VONNEEDO, JR.,
Plaintiff,
v.
RYAN DENNIS, et al.,
Defendants.
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No. 1:17-CV-183 NAB
MEMORANDUM AND ORDER
This matter is before the Court on the motion of plaintiff, Thomas Vonneedo, Jr.,
(registration no. 514039), an inmate at Southeast Correctional Center (“SECC”), for leave to
commence this action without payment of the required filing fee. For the reasons stated below,
the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will
assess an initial partial filing fee of $1.98.1 See 28 U.S.C. § 1915(b)(1). Furthermore, based
upon a review of the complaint, the Court will stay and administratively close this action
pursuant to the Supreme Court case of Wallace v. Kato, 549 U.S. 384 (2007), based on the
pendency of an underlying criminal cases against plaintiff that arises out of the same facts.
Background
Plaintiff brings this action pursuant to 42 U.S.C. § 1983 asserting violations of his Fourth
Amendment rights. Prior to this case being filed, two related underlying criminal cases were filed
against plaintiff in Missouri State Court. See State v. Vonneedo, Case Nos. 15SO-CR01124-01
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A review of plaintiff’s account indicates an average monthly deposit of $9.91. Plaintiff has
insufficient funds to pay the entire filing fee. Accordingly, the Court will assess an initial partial
filing fee of $1.98, which is 20 percent of plaintiff’s average monthly deposit.
1
(33rd Judicial Circuit, Scott County Court) and 14MI-CR00436-02 (33rd Judicial District, Scott
County Court). In both cases, plaintiff has been charged with felony possession of
methamphetamines with intent to distribute. He has pled guilty to felony distribution of a
controlled substance in Case No. 14MI-CR00436-02; however, the matter is currently scheduled
for a jury trial on December 4, 2017 in Case No 15SO-CR01124-01.
In the current action, plaintiff asserts that he was arrested (in custody at time) by
Detective Ryan Dennis of the Sikeston Department of Public Safety on October 5, 2015. In
actuality, plaintiff had previously been charged with possession of controlled substance, and a
warrant had already been issued for his arrest, in State v. Vonneedo, Case No.
11SO-CR01109-02 (33rd Judicial Circuit, Mississippi County Court). Plaintiff claims that while
he was in custody in the new case, Detective Dennis “violated his Constitutional rights by going
outside the scope of the search warrant and having [him] placed in ICU at MoDelta Medical
Center…” and having plaintiff drug tested.
Plaintiff claims that not only was he drug tested, but that he was also “pumped full of
drugs intravenously and fed laxatives against [his] will.” Plaintiff claims he has suffered damage
to his bladder as a result of the ICU placement, and he believes his due process rights were
violated by this purported “unlawful search.”
Plaintiff believes that he was subsequently charged with the additional cases in Scott
County as a result of the purported unlawful drug testing by defendant Dennis. Plaintiff also
names as a defendant in this action, Missouri Delta Medical Center and the Sikeston Police
Department as a whole.
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The Complaint
In this case, plaintiff asserts claims for false arrest, false imprisonment and malicious
prosecution as a result of an alleged false arrest that occurred on October 5, 2015. Plaintiff’s
claims in this lawsuit arise under the Fourth Amendment and include: lack of probable cause;
false arrest; false imprisonment; warrantless search; and warrantless seizure.2 He blames both
the police and the hospital for acting outside the Fourth Amendment.
Discussion
In Wallace v. Kato, the United States Supreme Court held that Athe statute of limitations
upon a § 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment,
where the arrest is followed by criminal proceedings, begins to run at the time the claimant is
detained pursuant to legal process.@ Wallace, 549 U.S. at 397. The Court observed that A[f]alse
arrest and false imprisonment overlap; the former is a species of the latter.@ Id. at 388. The Court
instructed that where Aa plaintiff files a false arrest claim before he has been convicted . . . it is
within the power of the district court, and in accord with common practice, to stay the civil
action until the criminal case or the likelihood of a criminal case is ended.@ Id. at 393-94.
Otherwise, the court and the parties are left to Aspeculate about whether a prosecution will be
brought, whether it will result in conviction, and whether the impending civil action will impugn
that verdict, all this at a time when it can hardly be known what evidence the prosecution has in
its possession.@ Id. at 393 (internal citation omitted).
2
To the extent plaintiff has additional claims against any of the named defendants for deliberate
indifference to his medical needs in violation of the Eighth or Fourteenth Amendment, plaintiff
may file an additional complaint in this Court that is separate from the present lawsuit. The Court
will instruct the Clerk of Court to provide plaintiff with a blank prisoner complaint form.
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In this case, plaintiff asserts claims for illegal search and seizure, false arrest and false
imprisonment. The principles of Wallace v. Kato dictate that further consideration of plaintiff’s §
1983 claims should be stayed until the underlying criminal matter currently pending against
plaintiff has been resolved through criminal appeals, as well as through post-conviction
processes.
Additionally, a stay or abstention until resolution of the criminal matter would be
appropriate because a prisoner may not recover damages in a § 1983 suit where the judgment
would necessarily imply the invalidity of his conviction, continued imprisonment or sentence
unless the conviction or sentence is reversed, expunged or called into question by issuance of a
writ of habeas corpus. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994); Schafer v. Moore,
46 F.3d 43, 45 (8th Cir. 1995); Edwards v. Balisok, 520 U.S. 641, 648 (1997) (applying rule in §
1983 suit seeking declaratory relief).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [Doc.
#2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.98
within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance
payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
proceeding.3
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After payment of the initial partial filing fee, the prisoner is required to make monthly payments
of 20 percent of the preceding month’s income credited to the prisoner’s account. The agency
having custody of the prisoner will deduct the payments and forward them to the Court each time
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IT IS FURTHER ORDERED that all proceedings in this case are STAYED pending
final disposition of the appellate proceedings and post-conviction proceedings against plaintiff
relating to his criminal cases of State v. Vonneedo, Case Nos. 15SO-CR01124-01 (33rd Judicial
Circuit, Scott County Court) and 14MI-CR00436-02 (33rd Judicial District, Scott County Court).
IT IS FURTHER ORDERED that plaintiff shall notify the Court in writing concerning
the final disposition of the criminal charges pending against him in State v. Vonneedo, Case Nos.
15SO-CR01124-01 (33rd Judicial Circuit, Scott County Court) and 14MI-CR00436-02 (33rd
Judicial District, Scott County Court).
IT IS FURTHER ORDERED that this case is ADMINISTRATIVELY CLOSED
pending final disposition of the appellate proceedings and post-conviction proceedings related to
the criminal charges pending against plaintiff in State v. Vonneedo, Case Nos.
15SO-CR01124-01 (33rd Judicial Circuit, Scott County Court) and 14MI-CR00436-02 (33rd
Judicial District, Scott County Court). This case may be reopened by plaintiff=s filing of a
motion to reopen the case after such final disposition.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [Doc.
#4] is DENIED AS MOOT at this time.
IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with a blank copy of
the Prisoner Civil Rights Complaint Form.
Dated this 30th day of November, 2017.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
the amount in the account exceeds $10. 28 U.S.C. § 1915(b)(2).
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