Granderson v. Hanak et al, No. 4:2018cv02332 - Document 13 (S.D. Tex. 2018)

Court Description: MEMORANDUM OPINION AND ORDER. 1 Prisoner Civil Rights Complaint is dismissed. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

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Granderson v. Hanak et al Doc. 13 United States District Court Southern District of Texas ENTERED October 03, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION David J. Bradley, Clerk SAMUEL MORTAY GRANDERSON , Inmate #95604, Plaintiff, CIVIL ACTION NO . H -18-2332 SHERIFF HANAK , et al ., Defendants . MEMORANDUM OPINION AND ORDER plaintiff, Samuel Mortay Granderson (Inmate #95604), currently in custody as a pretrial detainee at the Brazos County Detention center . He has filed a Prisoner Civil Rights Complaint under 5 42 1983 (ucomplaint//llDocket concerning an arrest that occurred on December Entry 2013 . Because Granderson is an inmate who proceeds 1n forma Dauperis, the court is required to scrutinize the claims and dism iss the Complaint, whole determ ines part , frivolous, malicious, be granted'' fails to state that the Comp laint claim upon which relief useeks monetary relief from a defendant who is immune from such relief.'' A fter considering a11 U.S.C. 55 1915 (e)(2)(B), 1915A (b). the pleadings, the court concludes that Complaint must be dism issed the reasons explained below . Background Granderson was arrested and adm itted the Brazos County Dockets.Justia.com Detention Center on April 22, He has been charged by Brazos County with manufacturing and delivery of a controlled substance, evading arrest with a motor vehicle, and theft of propertyx Granderson 's pending Complaint concerns his an arrest that occurred on December 2013 .3 As a result that arrest, which was reportedly m ade by Hom icide Detective Rex Phelps parole office in Bryan, Texas,4 Granderson was charged with capital murder in Washington County Cause No . 16,863 .5 arrest were pub licized on pain and sufferingx Reports of Granderson's local news station, which caused him Granderson was held in the Washington County Jail from the date of his arrest on December 3, 2013, until June 4, 2015, when the charges against him were dism issed on the state's motion for insufficient evidencex Invoking 42 5 1983, Granderson now sues Washington County Sheriff Otto Hanak, Detective Phelps, and A ssistant District 'Plaintiff's More Definite Statement, Docket Entry No . 2Id . at 2 . 3Id . at 3 . dcomplaint, Docket Entry No . 1, p . 4 . splaintiff's More Definite Statement, Docket Entry No . l2, 4. fcomplaint, Docket Entry No . Rplaintiff's More Definite Statem ent, Docket Entry No . 12, 47 see also Complaint, Docket Entry No. 1, p. 10 Dismiss'' in Washington County Cause No. 16,863). (MMotion Attorney Julie Ren ken for false arrest, wrongful imprisonment, and defamation in connection with the capital murder charges that were filed against him .8 II . A. Discussion Prosecutoriai Immunity Granderson sues Renken because she was the assistant district attorney who prosecuted his case . prosecutors are entitled claim s is well established that absolute immunity from civil rights actions taken initiating prosecution and presenting the state's case . Pachtman, 984, (1976). See Imbler v . Because Granderson's allegations against Renken do not overcome Renken's entitlement absolute immunity, his claims against her must be dism issed . B. All of Granderson's Claims are Barred by Lim itations Granderson's governed rights claims under 42 the two-year statute limitations provided by Texas See Piotrowski v. Citv of Houston, Cir. 2001): Civ. Prac. 1983 are F.3d 567, Rem . Code Ann. 16.003 (a). (5th This means that Granderson had two years from the time that his claim s accrued file rights complaint concerning allegations . See Gonzalez v . Wvatt, 157 F .3d 1016, 8complaint, Docket Entry No . 1, pp . 3-4: Plaintiff's More Definite Statement, Docket Entry No . 12, pp . 5-6 . 1998). Federal 1aw determines when a cause of action accrues under 1983 . See Smith v . Regional Transit Auth w F .3d (5th Cir. 2016). A cause of action for false arrest and unlawful detention accrues when charges are filed detained pursuant legal process . the plaintiff See Wallace v . Kato, 127 S . F.3d 582, 1091, 1100 (2007); Mares v . Bishoo, (5th Cir. 2008)(per curiam). Granderson's allegations make clear that he was detained pursuant December 2013 . his claim s legal process shortly after arrest on His Comp laint is dated June 21, 2018.9 Thus, false arrest and unlawful confinement are barred by the two-year statute limitations, which exp ired well before he executed his Complaint . These claims are subject dismissal as legally frivolous. Granderson's allegations of defamation do not state 5 1983 because claims under 42 actionable, Post, 616 F.2d Granderson asserts T exa s T ex . libel claim slander are only under state law . See Cook v . Houston 794-95 (5th Cir. 1980). To the extent that state 1aw claim , governed by defamation claim under one-year statute of lim itations . Prac. & Rem . Code 5 16.002 (a). A cause of action for defamation accrues when a defamatory statement is published . San Antonio Credit Union v . O 'Connor, gcomplaint , Docket Entry No . - 4- See S.W .3d See (Tex. App. San Antonio 2003, pet. denied) (citing Kellev v. Rinkle, S.W .2d 947, 949 (Tex. 1976)) Because Granderson complains about arrest on December 3, 2013, his claims are well outside the one-year statute of limitations . As a result, Granderson's Complaint is untimely and therefore legally frivolous . See Gartell v . Gavlor, 981 F.2d 254, 256 (5th Cir. 1993). 111 . Conelusion and Order Based on the foregoing, the court ORDERS as follow s: The Prisoner Civil Rights Complaint filed by Samuel Mortay Granderson (Docket Entry No. is DISMISSED with prejudice. The dismissal will count as a STRIKE for purposes of U.S.C. 1915 (g). The Clerk is directed provide copy of this Memorandum Opinion and Order to the plaintiff . The Clerk will also provide a copy Manager Three-strikes List for the Southern District of Texas. SIGNED at Houston, Texas, on this 3. day ëwlv , SIM LA K E UN IT ED STA TE S DIST RICT J UDG E 2018.

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