Tang v. Missouri City Police Department et al
Filing
12
MEMORANDUM OPINION AND ORDER denying as moot 11 MOTION to Address the Court Regarding Plaintiff's Legal Status, denying as moot 10 MOTION address the Court regarding the status of the plaintiff relevant to this civil action, dismissing without prejudice 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TOAN T. TANG,
Inmate #P00189427 1
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Plaintiff,
v.
MISSOURI CITY POLICE
DEPARTMENT, et al.,
Defendants.
December 02, 2016
David J. Bradley, Clerk
CIVIL ACTION NO. H-16-2956
MEMORANDUM OPINION AND ORDER
The plaintiff, Toan T. Tang/
Fort Bend County Jail.
is currently in custody at the
Tang has filed a handwritten Prisoner Civil
Rights Complaint under 42 U.S.C.
§
1983 ("Complaint")
(Docket Entry
No. 1), alleging violations of his civil rights in connection with
state court criminal proceedings that have been lodged against him
in Fort Bend County.
Because Tang is incarcerated/ the court is
required to scrutinize the claims and dismiss the Complaint,
whole
or
in
part,
if
it
determines
that
the
Complaint
in
"is
frivolous/ malicious/ or fails to state a claim upon which relief
may be granted" or "seeks monetary relief from a defendant who is
immune from such relief."
28 U.S. C.
§
1915A (b) .
After considering
all of the pleadings the court concludes that this case must be
dismissed for the reasons explained below.
I.
Background
Tang is presently in the custody of the Fort Bend County Jail
as
the
result
of
criminal
Fort Bend County. 1
charges
filed
against
him
in
Public records from Fort Bend County confirm
that Tang has been formally charged in the following felony and
misdemeanor cases:
motor vehicle);
abuse);
Cause No. 16-DCR-073638 (unauthorized use of a
Cause No.
16-DCR-073639
(credit
or debit
card
Cause No. 16-187561 (burglary of a vehicle); Cause No. 16-
CCR-186570 (theft of property); Cause No. 16-CCR-186571 (criminal
mischief);
Cause No.
16-CCR-187572
(terroristic
threat);
Cause
No. 16-CCR-187573 (theft of property); and Cause No. 16-CCR-187793
(theft of property).
Tang has
§
filed
this civil
rights
lawsuit under 42
1983 against the following defendants
above-referenced criminal charges:
(1)
U.S.C.
in connection with the
the Missouri City Police
Department; (2) Missouri City Police Officer Diaz; and (3) Missouri
City Police Officer Zimmerman. 2
and
Officer
Tang contends that Officer Diaz
Zimmerman unlawfully
searched his
living
quarters
without a warrant or probable cause in violation of the Fourth
Amendment, which prohibits unreasonable searches and seizures. 3
As
a result of that search, Tang was charged with theft of property in
1
Complaint, Docket Entry No. 1, p. 3.
2
Id. at 1, 3.
3
Id. at 3.
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Cause No. 16-CR-187793. 4
Alleging that the defendants failed to
find anything that had been reported stolen during the search of
his
residence,
invalid. 5
Tang contends
Tang
seeks
$1.5
that
the charges against him are
million
in
monetary
damages
and
declaratory relief for the violation of his constitutional rights. 6
II.
Discussion
Tang's allegations call into question the validity of criminal
charges that are currently pending against him in state court.
Absent
extraordinary
announced
in
Younger
circumstances
v.
Harris,
prohibits interference by a
criminal prosecution.
(5th Cir. 1984)
the
91
S.
doctrine
Ct.
746,
of
abstention
751
(1971),
federal court with a pending state
See DeSpain v. Johnston, 731 F.2d 1171, 1176
("The Younger doctrine establishes a presumption
that the federal courts should abstain in cases in which a state
criminal proceeding is pending."); see also Louisiana Debating and
Literary Ass'n v. City of New Orleans, 42 F.3d 1483, 1489 (5th Cir.
1995)
("[Abstention]
'is
generally
deemed
appropriate
[when]
assumption of jurisdiction by a federal court would interfere with
pending state proceedings, whether of a criminal, civil, or even
administrative
character.'")
(citation omitted) .
Tang has
an
adequate avenue for raising his claims in state court, where he is
4
Id.
5
Id.
6
Id. at 3,
4.
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represented
by
counsel.
The
pleadings
in
this
case
do
not
otherwise demonstrate that extraordinary circumstances are present
or that
federal
court
intervention is warranted.
Under these
circumstances the court must abstain from exercising jurisdiction
over Tang's claims.
Although
Younger
abstention
applies
only
to
claims
for
injunctive and declaratory relief, consideration of Tang's claims
for
monetary
damages
by
this
court
would
also
implicate
validity of ongoing state court criminal proceedings.
Humphrey, 114 S. Ct. 2364, 2372 (1994)
the
See Heck v.
(holding that civil rights
claims are barred if success on those claims would necessarily
imply the invalidity of a conviction or present confinement) .
It
would be premature to determine whether Tang's claims are barred by
the rule in Heck.
Cir.
1995) .
See Mackey v. Dickson,
47 F.3d 744,
746
(5th
Rather than stay this case pending the outcome of
Tang's criminal proceedings, the court will dismiss the Complaint
without prejudice to re-filing his claims in the event that the
challenged state court proceeding terminates in his favor.
pending motions,
which do not alter this determination,
Tang's
will be
denied as moot. 7
7
Tang has filed a "Motion to Address the Court Regarding the
Status of the Plaintiff Relevant to This Civil Action" (Docket
Entry No. 10) , requesting leave to proceed in forma pauperis,
appointment of counsel, and service of process on the defendants,
among other things. These requests will be denied as moot. Tang
has also filed a "Motion to Address the Court Regarding Plaintiff's
Legal Status," in which Tang appears to claim that he is being held
(continued ... )
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III.
Conclusion and Order
Based on the foregoing, the court ORDERS as follows:
filed by
DISMISSED
1.
The Prisoner Civil Rights Complaint
Toan T. Tang (Docket Entry No. 1) is
without prejudice.
2.
Tang,s "Motion to Address the Court Regarding the
Status of the Plaintiff Relevant to This Civil
Action" (Docket Entry No. 10) and Tang,s "Motion to
Address the Court Regarding Plaintiff,s Legal
Status" (Docket Entry No. 11) are DENIED as moot.
The Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the parties.
SIGNED at Houston, Texas, on this 1sth day of December, 2016.
LAKE
UNITED STATES DISTRICT JUDGE
7
( . • • continued)
illegally without valid legal charges (Docket Entry No. 11).
To
the extent that Tang seeks release from unlawful confinement, this
claim is actionable, if at all, in a habeas corpus petition under
28 U.S.C. § 2254.
Because it is evident that Tang has not
exhausted available state court remedies with respect to his claim
of unlawful confinement, this allegation will not be addressed
further.
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