Talley v. Woods, No. 2:2015cv00438 - Document 8 (N.D. Ind. 2015)
Court Description: OPINION AND ORDER re 1 Complaint: this case is DISMISSED pursuant to 28 U.S.C. § 1915A. Signed by Judge Rudy Lozano on 12/8/15. cc: Talley(mc)
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Talley v. Woods Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION HERVIN S. TALLEY, Plaintiff, vs. JAMES MICHAEL WOODS, Defendant. ) ) ) ) ) ) ) ) ) CAUSE NO. 2:15-CV-438 OPINION AND ORDER This matter is before the Court on a complaint filed by Hervin S. Talley, a pro se prisoner, on November 24, 2015. For the reasons set forth below, this case is DISMISSED pursuant to 28 U.S.C. § 1915A. DISCUSSION “A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted). Nevertheless, pursuant to 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint. Talley alleges that Deputy Prosecutor James Michael Woods ignored the facts of his case and the testimony presented during his State criminal trial. However, “in initiating a prosecution and in presenting the State’s case, the prosecutor is immune from a civil suit for damages under § 1983.” Imbler v. Pachtman, 424 U.S. Dockets.Justia.com 409, 431 (1976). “[A]bsolute immunity shields prosecutors even if they act maliciously, unreasonably, without probable cause, or even on the basis of false testimony or evidence.” Smith v. Power, 346 F.3d 740, 742 (7th Cir. 2003) (quotation marks and citation omitted). Therefore the Defendant is immune from suit. CONCLUSION For the reasons set forth above, this case is DISMISSED pursuant to 28 U.S.C. § 1915A. DATED: December 8, 2015 /s/RUDY LOZANO, Judge United State District Court -2-
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