Lee, II v. City of Seatac Police Department et al
Filing
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ORDER TO SHOW CAUSE Show Cause Response due within 30 days; pltf shall file an amended complaint by Judge Robert S. Lasnik. (RS)cc Lee
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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______________________________________
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Plaintiff,
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v.
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CITY OF SEATAC POLICE
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DEPARTMENT, et al.,
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Defendants.
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______________________________________ )
SHANNON A. LEE II,
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Case No. C12-1948RSL
ORDER TO SHOW CAUSE
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This matter comes before the Court sua sponte. On November 7, 2012, plaintiff,
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proceeding pro se, filed suit against the City of SeaTac Police Department, King County
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Prosecutor Dan Satterberg, and criminal defense attorney Scott Schmidt under 42 U.S.C. § 1983.
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Plaintiff alleges (1) abuse of process against the SeaTac Police Department, claiming that two
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employees falsified evidence and created a case against him based on false allegations; (2)
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malicious prosecution against Mr. Satterberg, claiming that he erroneously charged plaintiff with
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a crime; and (3) malpractice against his former lawyer, claiming that there was little to no
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communication from his lawyer while he was in jail. Complaint (Dkt. # 3) at 3. Plaintiff seeks
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an award of damages related to his loss of reputation and credit, his mental suffering, and his
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unemployment.
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ORDER TO SHOW CAUSE
The Court, having reviewed the record as a whole, finds that plaintiff’s Complaint
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fails to state a claim upon which relief can be granted by a federal court. Recovery under
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Section 1983 involves two elements. First, plaintiff must prove that the defendants deprived him
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of a right secured by the “Constitution and laws” of the United States. Second, plaintiff must
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show that defendants deprived him of this constitutional right “under color of any statute,
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ordinance, regulation, custom, or usage, of any State or Territory.” This second element requires
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that plaintiff show that defendants acted “under color of law.” See, e.g., Monroe v. Pape, 365
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U.S. 167, 184, 187 (1961); United States v. Price, 383 U.S. 787, 793, 794 (1966). The
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allegations of plaintiff’s Complaint do not satisfy either of these requirements.
Although filed under 42 U.S.C. § 1983, all of plaintiff’s claims are cognizable
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under state law, and none of them have any connection to the United States Constitution or
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federal law. Section 1983 does not create substantive rights, but merely provides “a method for
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vindicating federal rights elsewhere conferred.” Graham v. Conner, 490 U.S. 386, 393 (1989).
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Plaintiff claims to have suffered personal injuries and to have been the victim of various state
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crimes and torts. He has not, however, alleged the deprivation of a right secured by the
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“Constitution and laws” of the United States, an omission which is fatal to his Section 1983
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claim.
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Plaintiff shall, within thirty (30) days of the date of this Order, file an amended
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complaint which identifies the constitutional right(s) of which plaintiff was deprived and
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provides a short and plain statement of the factual basis for each of his claims. In addition, all
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defendants shall be specifically identified in the caption of the amended complaint. If an
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acceptable amended complaint is not filed within the time proscribed, this action will be
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dismissed without prejudice. The Clerk of Court is directed to send a copy of this Order to
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plaintiff and to place this Order to Show Cause on the Court’s calendar for December 10, 2012.
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ORDER TO SHOW CAUSE
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DATED this 9th day of November, 2012.
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Robert S. Lasnik
United States District Judge
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ORDER TO SHOW CAUSE
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