Love v. Siegler

Filing 6

OPINION ON DISMISSAL. (Signed by Judge Lynn N. Hughes) Parties notified. (wbostic, 4)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

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CARLOS LOVE,

rDCJ 582511,
Plaintiff,
versus
KELLY J. SIEGLER,

Defendant.

CIVIL ACTION H-14-3583

Opinion on Dismissal
Carlos Love filed a complaint for civil rights violations. 42 U.S.C. § 1983. He is held in the
Diboll Correctional Center. Love sues Harris County Assistant District Attorney Kelly Siegler. He
claims Siegler breached a plea bargain agreement and falsified an offense report in a 1991 criminal
conviction. Love seeks damages and an expunction of his conviction.
State prosecutors are absolutely immune from damages liability when acting in the scope of
their duties in handling a criminal prosecution. Imbler v. Pachtman, 424 U.S. 409 (1976).
Moreover, the statute oflimitations bars these claims on events which occurred more than ten years
ago. Love's conclusory claims are insufficient for an expunction.
Love fails to state a claim recognized at law. 28 U.S.c. § 1915A(b)(1). This case will be
dismissed.

Signed December

T'

2014, at Houston, Texas.

-_._-Lynn N. Hughes
United States District Judge