Tolbert v. Paulson
Filing
4
MEMORANDUM OPINION AND ORDER dismissing as frivolous 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SHANNON KEITH TOLBERT,
Inmate #77111-379,
§
§
§
§
§
§
§
§
§
§
Plaintiff,
v.
MEGAN JEAN PAULSON,
Defendant.
CIVIL ACTION NO. H-15-2627
MEMORANDUM OPINION AND ORDER
The plaintiff, Shannon Keith Tolbert (Inmate #77111-379), is
presently in custody at the Federal Detention Center in Houston,
Tolbert
Texas.
Assistant
United
has
filed
States
a
Complaint
Attorney Megan
against
Jean
the
defendant,
Paulson,
alleging
violations of his civil rights in connection with criminal charges
that are pending against
No.1)
him in this
district.
(Docket
Entry
Because Tolbert is incarcerated, the court is required to
scrutinize
the Complaint and,
if
appropriate,
dismiss
the case
without service of process if it is frivolous, 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.
U.S.C.
§
1915A.
See 28
After reviewing all of the pleadings as required,
the court will dismiss this case for the reasons explained below.
I.
Background
Court records reflect that Tolbert is currently confined in
the Federal Detention Center while awaiting trial on charges of
bank robbery.
(S.D. Tex.).
See United States v.
Tolbert,
Crim. No.
H-14-530
Paulson is the prosecutor in that case.
According to his Complaint,l Tolbert was arrested and charged
in state court in connection with the robbery of a bank located in
New Waverley, Texas. 2
Tolbert claims that the charges against him
in state court were dismissed after the state grand jury declined
to indict him.3
court,
By prosecuting him for the same offense in federal
Tolbert
contends
investigating officer
double
jeopardy
Amendment. 4
in
that
Paulson
"conspired
(Detective Stephen Cole)
violation
of
the
Fifth
with"
an
to place him in
and
Fourteenth
Tolbert contends further that Paulson used "perjured
testimony" and "fabricated evidence to obtain a tainted indictment"
in the federal criminal case against him in violation of the Fifth
and Fourteenth Amendments. s
lBecause Tolbert is a federal prisoner suing a federal
official, his civil rights complaint is governed by Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 91 S. Ct. 1999
(1971) .
2Complaint, Docket Entry No. I, p. 5.
3Id. at 6-7.
4Id. at 4, 8.
SId. at 5,
8.
-2-
Tolbert requests injunctive relief in the form of a court
order suppressing
federal
the
indictment. 6
evidence
against
him and dismissing
the
Tolbert also requests an injunction that
would allow him to depose grand jurors associated with the charges
against
him
in
state
court.7
In
addition,
Tolbert
seeks
a
declaratory judgment, $1 million in "general damages," $1 million
in
"punitive
damages,"
and
million
$1
in
"emotional
distress
damages" for Paulson's actions in prosecuting the federal criminal
case. B
II.
It
is
well
Discussion
established
that
prosecutors
are
entitled
to
absolute immunity from civil rights claims for actions taken in the
scope
of
their
prosecution.
(2009)
duties
in
initiating
See Van de Kamp v. Goldstein,
Ct.
pursuing
129 S.
a
Ct.
criminal
855,
861
(citing Burns v. Reed, 111 S. Ct. 1934 (1991) and Kalina v.
Fletcher, 118 S. Ct. 502 (1997))
S.
and
984,
995
(1976)
i
see also Imbler v. Pachtman, 96
(holding that prosecutors are absolutely
immune from a civil suit for damages for initiating a prosecution
and in presenting the state's case)
1695,
1704
(2006)
i
Hartman v. Moore, 126 S. Ct.
(observing that a Bivens action "will not be
6Id. at 8.
7Id. at 9 .
BId. at 9.
-3-
brought
against
liability
Stark v.
for
the
the
Lynch,
prosecutor,
decision
F.
to
App'x
who
is
absolutely
prosecute")
immune
from
(citation omitted);
2015 WL 4648004
(5th Cir.
2015)
(affirming that federal prosecutors sued under Bivens are entitled
to absolute immunity from the claims against them) .
Because the violations alleged in the Complaint stem from
actions
taken
by
Paulson
during
the
scope
of
her
duties
in
initiating and pursuing a criminal prosecution, she is entitled to
absolute
immunity from Tolbert's
Lewis, 427 F. App'x 352, 353
Complaint.
(5th Cir. 2011)
See
Rodriguez
v.
(citation omitted) .
Because Paulson is absolutely immune from suit, she is also immune
from damages.
(5th Cir. 2007)
Id.
(citing Disraeli v. Rotunda, 489 F.3d 628, 631
(noting that absolute immunity denies all remedies
to an individual); Hulsey v.
1994)
Owens,
63 F.3d 354,
356
(5th Cir.
(holding that absolute immunity is also immunity from suit
rather than simply a defense against liability))
court will
dismiss
the Complaint as
As a result, the
legally frivolous
and for
seeking monetary relief from a defendant who is immune from such
relief.
See 28 U.S.C.
III.
§
1915A(b).
Conclusion and Order
Accordingly, the court ORDERS as follows:
1.
The Complaint (Docket Entry No.1) filed by Shannon
Keith Tolbert is DISMISSED as frivolous and for
seeking monetary relief from a defendant who is
immune from such relief. See 28 U.S.C. § 1915A(b) .
-4-
2.
The dismissal shall count as a STRIKE for purposes
of 28 U.S.C. § 1915(g).
3.
Officials at the Federal Detention Center shall
deduct the filing fee from the inmate trust account
belonging to Shannon Keith Tolbert (Inmate #77111379) and forward them to the Clerk on a regular
basis, in compliance with the provisions of 28
U.S.C. § 1915(b), until the entire filing fee for
indigent litigants ($350.00) has been paid.
The Clerk shall provide a copy of this Memorandum Opinion and
Order
to
the
parties
and
to
(1)
the
United
States
Bureau
of
Prisons, Federal Detention Center, Attn: Legal Department, P.O. Box
526254,
1200
Texas
Ave.,
Houston,
Texas
77052-6254;
(2)
the
District Clerk for the Eastern District of Texas, Tyler Division,
211 West Ferguson, Tyler, Texas 75702, Attention: Manager of the
Three-Strikes
List;
and
(3)
Kenneth
Magidson,
United
States
Attorney for the Southern District of Texas, 1000 Louisiana, Suite
2300, Houston, Texas 77002.
SIGNED at Houston, Texas, this 15th day of September, 2015.
UNITED
-5-
LAKE
DISTRICT JUDGE
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