Johnson v. Fouse et al, No. 4:2022cv00144 - Document 8 (W.D. Ky. 2023)
Court Description: MEMORANDUM OPINION by Senior Judge Joseph H. McKinley, Jr. on 4/23/2023: The Court will enter a separate Order dismissing this action for failure to state a claim upon which relief may be granted.cc: Plaintiff, pro se; Defendants; Muhlenberg Co. Atty. (EAS)
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Johnson v. FouseCase et al 4:22-cv-00144-JHM Document 8 Filed 03/23/23 Page 1 of 4 PageID #: 41 Doc. 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION MARK CLINTON JOHNSON PLAINTIFF v. CIVIL ACTION NO. 4:22-CV-P144-JHM CHRISTINA FOUSE et al. DEFENDANTS MEMORANDUM OPINION This is a pro se 42 U.S.C. § 1983 prisoner civil-rights action brought by Mark Clinton Johnson. This matter is before the Court for screening pursuant to 28 U.S.C. § 1915A. For the reasons set forth below, the Court will dismiss this action. I. Plaintiff sues Probation and Parole Officer Christina Fouse and Muhlenberg County Circuit Court Clerk Cameron Laycock in their individual capacities. Plaintiff claims that Defendants violated his constitutional rights by providing “false” and/or “inaccurate” testimony during the “penalty phase” of his state-court criminal trial regarding both the time he could expect to serve if convicted and his prior criminal history. As relief, he seeks damages. II. When a prisoner initiates a civil action seeking redress from a governmental entity, officer, or employee, the trial court must review the complaint and dismiss the complaint, or any portion of it, if the court determines that the complaint is frivolous or 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. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Dockets.Justia.com Case 4:22-cv-00144-JHM Document 8 Filed 03/23/23 Page 2 of 4 PageID #: 42 In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). “But the district court need not accept a ‘bare assertion of legal conclusions.’” Tackett, 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995)). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’ Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555, 557). Although this Court recognizes that pro se pleadings are to be held to a less stringent standard than formal pleadings drafted by lawyers, Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991), “[o]ur duty to be ‘less stringent’ with pro se complaints does not require us to conjure up unpled allegations.” McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979) (citation omitted). And this Court is not required to create a claim for Plaintiff. Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir. 1975). To command otherwise would require the Court “to explore exhaustively all potential claims of a pro se plaintiff, [and] would also transform the district court from its legitimate advisory role to the improper role of an 2 Case 4:22-cv-00144-JHM Document 8 Filed 03/23/23 Page 3 of 4 PageID #: 43 advocate seeking out the strongest arguments and most successful strategies for a party.” Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). III. “Section 1983 creates no substantive rights, but merely provides remedies for deprivations of rights established elsewhere.” Flint ex rel. Flint v. Ky. Dep’t of Corr., 270 F.3d 340, 351 (6th Cir. 2001). Two elements are required to state a claim under § 1983. Gomez v. Toledo, 446 U.S. 635 (1980). “[A] plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). “Absent either element, a section 1983 claim will not lie.” Christy v. Randlett, 932 F.2d 502, 504 (6th Cir. 1991). Plaintiff’s claims against Defendants fail for two reasons. First, it is well established that witnesses who testify at trial - whether government officials or lay witnesses - are entitled to absolute immunity from suit based on that testimony. Briscoe v. LaHue, 460 U.S. 325, 334-46 (1983) (holding that § 1983 does not authorize a plaintiff to assert a claim against a government official for damages for giving false testimony as a witness at a trial or court hearing). A government witness is entitled to testimonial immunity “no matter how egregious or perjurious that testimony was alleged to have been.” Moldowan v. City of Warren, 578 F.3d 351, 390 (6th Cir. 2009) (citing Spurlock v. Satterfield, 167 F.3d 995, 1001 (6th Cir. 1999)). Plaintiff’s claims are also barred by the principles set forth in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). In Heck, the Supreme Court held that a state prisoner could not state a cognizable claim under § 1983 for an allegedly unconstitutional conviction or for “harm caused by actions whose unlawfulness would render a conviction or sentence invalid” unless a prisoner showed that the conviction or sentence had been “reversed on direct appeal, expunged by executive 3 Case 4:22-cv-00144-JHM Document 8 Filed 03/23/23 Page 4 of 4 PageID #: 44 order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.” Id. (footnote omitted). Plaintiff’s allegations about false and/or inaccurate testimony during the “penalty phase” of his state-court criminal trial calls into question the validity of his imprisonment and because Plaintiff does not allege that his sentence has been reversed on appeal or called into question in any of the ways articulated by Heck, he cannot proceed with a damages action challenging his sentence. See also Murphy v. Lasata, No. 1:21-cv-454, 2021 U.S. Dist. LEXIS 117826 (W.D. Mich. June 24, 2021) (dismissing § 1983 claim for damages as barred by Heck where the plaintiff alleged that his sentence had been miscalculated and that he was being held illegally beyond his “outdate” because his claim called into question the “validity of his imprisonment” and his sentence had not been invalidated); Johnson v. Chambers-Smith, No. 4:20CV01019, 2020 U.S. Dist. LEXIS 194120 (N.D. Ohio Oct. 20, 2020) (holding § 1983 damages claim regarding the incorrect computation of a state criminal sentence was barred by Heck because the sentence had not previously been invalidated). IV. For these reasons, the Court will enter a separate Order dismissing this action for failure to state a claim upon which relief may be granted. Date: March 23, 2023 cc: Plaintiff, pro se Defendants Muhlenberg County Attorney 4414.011 4
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