Opinion

Givens v. Moore

Court
District Court, W.D. North Carolina
Filed
Dec 1, 2020
Cited by
0 cases
Authority
More cited than 24.8%

applying prisoner mailbox rule to § 1983 case

How later courts described this case

  • applying prisoner mailbox rule to § 1983 case

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

CIVIL CASE NO. 3:20-cv-00453-MR

RAMON GIVENS, )

)

Plaintiff, )

)

vs. )

)

J.C. MOORE, et al., ) ORDER

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court on initial review of the

Complaint [Doc. 1]. Plaintiff is proceeding in forma pauperis. [Doc. 8].

I. BACKGROUND

Pro se Plaintiff, who is presently incarcerated at the Warren

Correctional Institution, filed this civil rights action pursuant to 42 U.S.C. §

1983 on July 27, 2020.1 Plaintiff names as Defendants: J.D. Moore, a

Charlotte Mecklenburg Police Department (CMPD) police officer; and three

John Doe CMPD officers.

Plaintiff alleges that, on August 8 or 9, 2017, Defendants used

excessive force while arresting him. Plaintiff alleges that he was “snatched

1 Houston v. Lack, 487 U.S. 266 (1988) (establishing the prisoner mailbox rule); see Lewis

v. Richmond City Police Dep’t, 947 F.2d 733 (4th Cir. 1991) (applying prisoner mailbox

rule to § 1983 case).

out of a car,” maced, beaten, and choked by Defendants. [Doc. 1 at 3].

Plaintiff alleges that he sustained neck, back, and spine injuries for which he

was transported to the Carolina Medical Center by paramedics for treatment.

Plaintiff seeks compensatory and punitive damages and a jury trial.

II. STANDARD OF REVIEW

Because Plaintiff is proceeding in forma pauperis, the Court must

review the Complaint to determine whether it is subject to dismissal on the

grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which

relief may be granted; or (iii) seeks monetary relief against a defendant who

is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 U.S.C. §

1915A (requiring frivolity review for prisoners’ civil actions seeking redress

from governmental entities, officers, or employees).

In its frivolity review, a court must determine whether the Complaint

raises an indisputably meritless legal theory or is founded upon clearly

baseless factual contentions, such as fantastic or delusional scenarios.

Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore, a pro se

complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520

(1972). However, the liberal construction requirement will not permit a

district court to ignore a clear failure to allege facts in his complaint which set

forth a claim that is cognizable under federal law. Weller v. Dep’t of Soc.

Servs., 901 F.2d 387 (4th Cir. 1990).

III. DISCUSSION

To state a claim under § 1983, a plaintiff must allege that he was

“deprived of a right secured by the Constitution or laws of the United States,

and that the alleged deprivation was committed under color of state law.”

Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999).

Claims that law enforcement officials used excessive force in the

course of making an arrest are properly analyzed under the Fourth

Amendment’s “objective reasonableness” standard. Graham v. Conner, 490

U.S. 386, 388 (1989); Sigman v. Town of Chapel Hill, 161 F.3d 782, 786 (4th

Cir.1998). “An officer’s evil intentions will not make a Fourth Amendment

violation out of an objectively reasonable use of force; nor will an officer’s

good intentions make an objectively unreasonable use of force

constitutional.” Graham, 490 U.S. at 397.

Plaintiff has plausibly alleged that Defendants used objectively

unreasonable force during his arrest and this claim appears to be timely.

Therefore, the Complaint will be permitted to pass initial review.

IT IS, THEREFORE, ORDERED that Plaintiffs excessive force claim

passes initial review.

The Clerk is respectfully directed to mail summons forms to Plaintiff for

Plaintiff to fill out and return for service of process on Defendant Moore and

the three John Doe Defendants. Once the Court receives the summons

forms, the Clerk shall then direct the U.S. Marshal to effectuate service on

Defendants. The Clerk is further instructed to note on the docket when the

forms have been mailed to Plaintiff.

ITIS SO ORDERED. Signed: December 1, 2020

Martifi Reidinger ey

Chief United States District Judge Ale

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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