Tolbert v. Paulson, No. 4:2015cv02627 - Document 4 (S.D. Tex. 2015)
Court Description: MEMORANDUM OPINION AND ORDER dismissing as frivolous 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Tolbert v. Paulson Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SHANNON KEITH TOLBERT, Inmate #77111-379, § § § § § § § § § § Plaintiff, v. MEGAN JEAN PAULSON, Defendant. CIVIL ACTION NO. H-15-2627 MEMORANDUM OPINION AND ORDER The plaintiff, Shannon Keith Tolbert (Inmate #77111-379), is presently in custody at the Federal Detention Center in Houston, Tolbert Texas. Assistant United has filed States a Complaint Attorney Megan against Jean the defendant, Paulson, alleging violations of his civil rights in connection with criminal charges that are pending against No.1) him in this district. (Docket Entry Because Tolbert is incarcerated, the court is required to scrutinize the Complaint and, if appropriate, dismiss the case without service of process if it is frivolous, 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. U.S.C. § 1915A. See 28 After reviewing all of the pleadings as required, the court will dismiss this case for the reasons explained below. Dockets.Justia.com I. Background Court records reflect that Tolbert is currently confined in the Federal Detention Center while awaiting trial on charges of bank robbery. (S.D. Tex.). See United States v. Tolbert, Crim. No. H-14-530 Paulson is the prosecutor in that case. According to his Complaint,l Tolbert was arrested and charged in state court in connection with the robbery of a bank located in New Waverley, Texas. 2 Tolbert claims that the charges against him in state court were dismissed after the state grand jury declined to indict him.3 court, By prosecuting him for the same offense in federal Tolbert contends investigating officer double jeopardy Amendment. 4 in that Paulson "conspired (Detective Stephen Cole) violation of the Fifth with" an to place him in and Fourteenth Tolbert contends further that Paulson used "perjured testimony" and "fabricated evidence to obtain a tainted indictment" in the federal criminal case against him in violation of the Fifth and Fourteenth Amendments. s lBecause Tolbert is a federal prisoner suing a federal official, his civil rights complaint is governed by Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 91 S. Ct. 1999 (1971) . 2Complaint, Docket Entry No. I, p. 5. 3Id. at 6-7. 4Id. at 4, 8. SId. at 5, 8. -2- Tolbert requests injunctive relief in the form of a court order suppressing federal the indictment. 6 evidence against him and dismissing the Tolbert also requests an injunction that would allow him to depose grand jurors associated with the charges against him in state court.7 In addition, Tolbert seeks a declaratory judgment, $1 million in "general damages," $1 million in "punitive damages," and million $1 in "emotional distress damages" for Paulson's actions in prosecuting the federal criminal case. B II. It is well Discussion established that prosecutors are entitled to absolute immunity from civil rights claims for actions taken in the scope of their prosecution. (2009) duties in initiating See Van de Kamp v. Goldstein, Ct. pursuing 129 S. a Ct. criminal 855, 861 (citing Burns v. Reed, 111 S. Ct. 1934 (1991) and Kalina v. Fletcher, 118 S. Ct. 502 (1997)) S. and 984, 995 (1976) i see also Imbler v. Pachtman, 96 (holding that prosecutors are absolutely immune from a civil suit for damages for initiating a prosecution and in presenting the state's case) 1695, 1704 (2006) i Hartman v. Moore, 126 S. Ct. (observing that a Bivens action "will not be 6Id. at 8. 7Id. at 9 . BId. at 9. -3- brought against liability Stark v. for the the Lynch, prosecutor, decision F. to App'x who is absolutely prosecute") immune from (citation omitted); 2015 WL 4648004 (5th Cir. 2015) (affirming that federal prosecutors sued under Bivens are entitled to absolute immunity from the claims against them) . Because the violations alleged in the Complaint stem from actions taken by Paulson during the scope of her duties in initiating and pursuing a criminal prosecution, she is entitled to absolute immunity from Tolbert's Lewis, 427 F. App'x 352, 353 Complaint. (5th Cir. 2011) See Rodriguez v. (citation omitted) . Because Paulson is absolutely immune from suit, she is also immune from damages. (5th Cir. 2007) Id. (citing Disraeli v. Rotunda, 489 F.3d 628, 631 (noting that absolute immunity denies all remedies to an individual); Hulsey v. 1994) Owens, 63 F.3d 354, 356 (5th Cir. (holding that absolute immunity is also immunity from suit rather than simply a defense against liability)) court will dismiss the Complaint as As a result, the legally frivolous and for seeking monetary relief from a defendant who is immune from such relief. See 28 U.S.C. III. § 1915A(b). Conclusion and Order Accordingly, the court ORDERS as follows: 1. The Complaint (Docket Entry No.1) filed by Shannon Keith Tolbert is DISMISSED as frivolous and for seeking monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b) . -4- 2. The dismissal shall count as a STRIKE for purposes of 28 U.S.C. § 1915(g). 3. Officials at the Federal Detention Center shall deduct the filing fee from the inmate trust account belonging to Shannon Keith Tolbert (Inmate #77111379) and forward them to the Clerk on a regular basis, in compliance with the provisions of 28 U.S.C. § 1915(b), until the entire filing fee for indigent litigants ($350.00) has been paid. The Clerk shall provide a copy of this Memorandum Opinion and Order to the parties and to (1) the United States Bureau of Prisons, Federal Detention Center, Attn: Legal Department, P.O. Box 526254, 1200 Texas Ave., Houston, Texas 77052-6254; (2) the District Clerk for the Eastern District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas 75702, Attention: Manager of the Three-Strikes List; and (3) Kenneth Magidson, United States Attorney for the Southern District of Texas, 1000 Louisiana, Suite 2300, Houston, Texas 77002. SIGNED at Houston, Texas, this 15th day of September, 2015. UNITED -5- LAKE DISTRICT JUDGE
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