Johnson v. McQuistion, No. 4:2018cv04140 - Document 5 (D.S.D. 2018)
Court Description: OPINION AND ORDER Screening and Dismissing Complaint. Signed by U.S. District Judge Roberto A. Lange on 11/14/18. (JLS)
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Johnson v. McQuistion Doc. 5 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION CHARLES RAY JOHNSON, 4:18-CV-04138-RAL 4:I8-CV-04140-RAL Plaintiff, OPINION AND ORDER SCREENING AND vs. DISMISSING COMPLAINTS ASHLEY JOHNSON; JOHN MCQUISTION; Defendant. Plaintiff Charles Ray Johnson filed two closely related pro se-civil rights lawsuits in succession under 42 U.S.C. ยงยง 1983 and 1985(3). Both suits allege that Defendants committed race-based discrimination and intentionally inflicted emotional distress by conspiring to have Plaintiffillegally arrested. Specifically, Plaintiffstates that his probation officer, John McQuistion, caused Plaintiff to be arrested at the apartment of Plaintiffs wife, located at Green Briar Apartments in Brookings, South Dakota. Plaintiff states that he was not told that he would be in violation of the terms of his probation if he traveled to Brookings to visit his wife. Plaintiff avers that he has had a number of disputes with his probation officer regarding his inability to maintain employment, late arrival at meetings, outstanding fines, and failure to pass a drug test. Plaintiff fiirther states that Ashley Johnson, the alleged apartment manager at Green Briar Apartments in Brookings, South Dakota, lied to police officers when she said that Plaintiff lived at the Green Briar apartment that is rented by Plaintiffs wife. Plaintiff also alleges that Ashley Johnson stated that felons are not allowed to reside on the property. Plaintiff ultimately argues that John Dockets.Justia.com
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