Allen v. Greenwood County Sheriffs Department et al

Filing 18

ORDER RULING ON REPORT AND RECOMMENDATION for 12 . This action is DISMISSED without prejudice and without issuance of service as to all Defendants except Defendant Bryan Lewis. This matter is RECOMMITTED to the Magistrate Judge. Signed by Honorable Richard M Gergel on 3/12/2015. (kric, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Simon Allen, Jr.,
Plaintiff,
vs.
Greenwood County Sheriff s Department,
et. aI.,
Defendants.

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No.8: 15-cv-0363-RMG

ORDER

This matter comes before the Court on the Report and Recommendation (R & R) of the
Magistrate Judge (Dkt. No. 12), recommending that this action be summarily dismissed without
prejudice and without issuance of service. Plaintiff has filed objections to the R & R. For the
reasons stated below, the Court the adopts the R & R in part and dismisses this action without
prejudice and without issuance of service as to all Defendants except Defendant Bryan Lewis.

I. Backa:round
Plaintiff is a pretrial detainee at the Anderson City Jail. He filed this Section 1983 action
against the Greenwood County Sheriff's Department, the Greenwood County Sheriff, employees
of the Greenwood County Sheriffs Department, the Greenwood Solicitor's Office, the Solicitor
for the Eighth Judicial Circuit, and two county magistrate judges. (Dkt. No.1). Plaintiffs
allegations all concern Law Enforcement Case File No. 13-27456 which resulted in four criminal
charges: attempted murder, possession of a weapon during a violent crime, possession of
marijuana with intent to distribute, and possession of cocaine with intent to distribute. I (See Dkt.

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These allegations are delineated in detail in the R & R. (See Dkt. No. 12 at 2.)

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Nos. I, 15); see also Greenwood County Eighth Judicial Circuit Public Index, available at
http://198.206.194.114/GreenwoodlPublicIndexlCaseDetails.aspx?County=24&CourtAgency=24
00I&Casenum=2013A2410201110&CaseType=C. For instance, he complains that Defendant
Lewis lied to the magistrate to get a search warrant in the case and that he was given "excessively
high" bond. Plaintiff claims that Defendants violated his due process rights and that he is
unlawfully imprisoned. (Dkt. No.1). Plaintiff seeks release from jail and damages. (ld. at 7).
The Magistrate Judge found that Plaintiffs claims for false arrest must fail because he
was indicted by a grand jury and the chwges have not been resolved in his favor, that the
Greenwood County Sheriffs Office is immune from suit under the Eleventh Amendment, that
Solicitor Stumbo has prosecutorial immunity from suit, and that the county magistrate judges
have judicial immunity from suit. (Dkt. No. 12). Therefore, the Magistrate Judge recommended
summarily dismissing the Complaint without prejudice or issuance or service of process. (ld.).
Plaintiff filed objections. (Dkt. Nos. 15, 17.)
II. Leila. Standard

A. Report & Recommendation
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261,270-71 (1976). The Court may "accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate." 28
U.S.C. § 636(b)(1). This Court is charged with making a de novo determination of those
portions of the R & R or specified proposed findings or recommendations to which objection is

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made. Diamondv. Colonial Life & Ace. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting 28
U.S.C. § 636(b)(l»; accord Fed. R. Civ. P. 72(b).

B. Summary Dismissal
Pro se complaints are construed liberally to allow the development of meritorious claims.
See, e.g., Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978) ("[A] complaint, especially a
pro se complaint, should not be dismissed summarily unless it appears beyond doubt that the
plaintiff can prove no set of facts in support of his claim which would entitle him to relief .... ")
(internal quotations omitted). However, the requirement of a liberal construction does not mean
that the Court can ignore a plaintiffs clear failure to allege facts that set forth a cognizable claim.

See Wellv. Dep'tofSoc. Servs.forCityofBaltimore, 901 F.2d387,391 (4thCir.1990)("The
special judicial solicitude with which a district court should view pro se complaints does not
transform the court into an advocate."). Furthermore, the Court must dismiss an informa

pauperis action sua sponte if the claim is "frivolous or malicious," "fails to state a claim on
which relief may be granted," or "seeks monetary relief against a defendant who is immune from
such relief." 28 U.S.C. § 1915(e)(2)(B); Neitzke v. Williams, 490 U.S. 319, 324-25 (1989).

III. Discussion
A. Defendants with Immunity from Suit
The Court agrees with the Magistrate Judge's findings regarding immunity. Magistrates
Johnson and Martin are entitled to judicial immunity from suit for their actions related to
Plaintiffs criminal case. See, e.g., Chien v. Leclairryan, 566 F. App'x 275, 275 (4th Cir. 2014)
("While [defendant] was a state actor, he is entitled to judicial immunity for actions taken within
the scope of his official duties."). Similarly, because Solicitor Stumbo's alleged actions fall
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within his traditional prosecutorial duties, he is entitled to prosecutorial immunity. 2 Nivens v.

Gilchrist, 444 F.3d 237,250 (4th Cir. 2006). Finally, the Eleventh Amendment bars the suit
against the Greenwood County Sheriffs Department, the Greenwood Solicitor's Office, and
Sheriff Davis in his official capacity. E.g., Bland v. Roberts, 730 F.3d 368, 391 (4th Cir. 2013),

as amended (Sept. 23, 2013); Curry v. S. Carolina, 518 F. Supp. 2d 661, 668 (D.S.C. 2007).
Plaintiff objects to these findings arguing that the defendants are not entitled to qualified
immunity. (Dkt. No. 15 at 2-3). It appears Plaintiff does not understand that the Magistrate
Judge's findings were based on various absolute immunities rather than qualified immunity.

(See, e.g., Dkt. No. 15 at 3 ("The Eleventh Amendment has nothing to do with Greewood
County Sheriffs Office having immunity. Violations of constitutional or statutory rights may
overcome official's qualified immunity ..."). Therefore, his objections are overruled.

B. Claims for False ArrestlMalicious Prosecution
A plaintiffs allegation that his seizure was unreasonable and that he was deprived of due
process, in violation of the Fourth and Fourteenth Amendments, because his arrest was not
supported by probable cause, is analogous to two common-law causes of action: false arrest and
malicious prosecution. Brooks v. City o/Winston-Salem, NC., 85 F.3d 178, 181 (4th Cir. 1996).
Allegations that a warrantless arrest was not supported by probable cause is analogous to a false
imprisonment claim. Id. Whereas, allegations that an arrest made pursuant to a warrant was not
supported by probable cause, or claims seeking damages for the period after legal process issued,

Based on the language in Plaintiffs Complaint, the Magistrate Judge believed
Defendant Brooks to be an assistant solicitor. (See Dkt. No. 12 at 1). In his objections, Plaintiff
states that Brooks is a detective, not an assistant solicitor. (Dkt. No. 17 at 1). Therefore,
prosecutorial immunity does not apply to him.
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are analogous to the common-law tort of malicious prosecution. [d. at 182. Either way, the
existence of probable cause defeats Plaintiff's claims. See id. at 181-82.
Here, a review of the Greenwood County Eighth Judicial Circuit records reveal that a
grand jury returned indictments on all four charges against Plaintiff. See Greenwood County
Eighth Judicial Circuit Public Index, available at

http://198 .206.194.114/Greenwood/PubHcIndexiCaseDetails.aspx?County=24&CourtAgency=24
001&Casenum=2013A2410201110&CaseType=C. The Fourth Circuit has held that "an
indictment, fair upon its face, returned by a properly constituted grand jury, conclusively
determines the existence of probable cause." Durham v. Horner, 690 F.3d 183, 189 (4th Cir.
2012) (internal quotation marks omitted). Thus, in most instances, a grand jury indictment is
conclusive of constitutional claims that an arrest or imprisonment lacked probable cause. [d.
However, the conclusive effect of indictments does not "shield a police officer who deliberately
supplied misleading information that influenced the decision." [d. Plaintiff makes no allegations
that the defendants deliberately supplied misleading information to the grand jury; thus, his
claims for false arrest and malicious prosecution must fail and are dismissed without prejUdice.
C. Other Claims
The Court has reviewed the Complaint to see if Plaintiff has plausibly pled a
constitutional violation by any of the defendants. Plaintiff has only potentially pled a claim
against Bryan Lewis. He alleges that Defendant Lewis "lied to Judge to get search warrant."
(Dkt. No. 1 at 5). This allegation is sufficient to survive summary dismissal against Defendant
Lewis. See Davis v. Bacigalupi, 711 F. Supp. 2d 609, 620-21 (E.D. Va. 2010) (denying motion
to dismiss where Plaintiff alleged officer lied to magistrate judge to unlawfully obtain search

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warrant). Plaintiffs other allegations in the Complaint, at best, "point to a negligent or sloppy
investigation," which does not rise a constitutional violation. Id. at 620.
Plaintiff raises new allegations in his objections. First, he alleges that the defendants
violated the Speedy Trial Act because an indictment was not returned within thirty (30) days of
his arrest (Dkt. No. 15 at 1). However, the Speedy Trial Act "only applies to a federal arrest on
a federal charge." E.g., United States v. Burgess, 684 F.3d 445,451 (4th Cir. 2012). He also
alleges that defendants violated Federal Rule of Criminal Procedure 6. (Dkt. No. 15 at 1).
However, again, this rule only applies to federal cases.
IV. Conclusion
The Court ADOPTS all portions of the R & R, except its conclusion that the Complaint
should be summarily dismissed as to Defendant Lewis. Accordingly, this action is DISMISSED
without prejudice and without issuance of service as to all Defendants except Defendant Bryan
Lewis. This matter is RECOMMITTED to the Magistrate Judge.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Judge

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March I
20 I 5
Charleston, South Carolina

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