Booker, Jr. v. Det. M. Luck et al

Filing 59

MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 9/8/2017. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Walter Delaney Booker,
Plaintiff,

l:14cv833 (JCC/TCB)

v.

Sgt. S. Johnson,
Defendant

MEMORANDUM OPINION

Walter Delaney Booker, a Virginia inmate proceeding pro se, has filed a civil rights

action pursuant to 42 U.S.C. § 1983, alleging that his Fourth, Fifth, and Sixth Amendment rights
were violated by employees of the Portsmouth Police Department during two separate incidents

on June 14,2008 and September 9,2008.' In addition, plaintiff alleges the state law claims of
assault and battery, false imprisonment, invasion of privacy, intentional inflictionof emotional

distress, and negligence. Compl. By Orderdated June 25,2015, plaintiffs FifthAmendment
claims and his claims stemming from his September 9,2008 arrest were dismissed with

prejudice,2 his complaint was filed, and the Clerk was directed to send Requests for Waiver of

According to the Capias submitted as Dkt. No. 1,Ex. D, plaintiff was arrested, pursuant to a
July 3,2008, indictment, on September 9, 2008. In the Order dated June 25, 2016, Dkt. No. 13,
the dates of plaintiffs arrest and indictment appear to have beentransposed and the arrest date
for plaintiff appears as September3, 2008, rather than September 9, 2008.
Although plaintiffs Sixth Amendment claims were not expressly dismissed in the June 25,
2008 Order, those claims stem from plaintiffs allegations that certain defendants failed to advise
him of his right to counsel by reading him his Mirandarights. As discussed in this Court's June
25, 2015 Order, Dkt. No. 13, Miranda related claims may not be brought in a § 1983 action.
Moreover, plaintiff does not allege that Sergeant Johnson, the only remaining defendant in this
action, was involved in plaintiffs September9, 2008 arrest. Therefore, for the purposes of this
opinion plaintiffs Fifth and Sixth Amendment claims will be considered dismissed.