Opinion

Johnson v. Lorain County

Court
District Court, N.D. Ohio
Filed
Mar 11, 2020
Cited by
0 cases
Authority
More cited than 28.0%

affirming dismissal of § 1983 action brought by pretrial detainee asserting speedy trial violation in connection with his pretrial detention

How later courts described this case

  • affirming dismissal of § 1983 action brought by pretrial detainee asserting speedy trial violation in connection with his pretrial detention

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

JARROD S. JOHNSON, Pro Se, ) Case No.: 1:19 CV 2674

)

Plaintiff )

) JUDGE SOLOMON OLIVER, JR.

v. )

)

LORAIN COUNTY STATE OF OHIO, )

)

) MEMORANDUM OF OPINION

Defendant ) AND ORDER

Pro Se Plaintiff Jarrod S. Johnson has filed a civil rights Complaint in this matter under 42

U.S.C. § 1983 against the “Lorain County State of Ohio.” (ECF No. 1.) He is a detainee in the

Lorain County Jail, awaiting trial in the Lorain County Court of Common Pleas on charges of

murder, attempted murder, aggravated robbery, and felonious assault. See State of Ohio v. Jarrod

Johnson, Case No. 19 CR 100123 (Lorain Cty. Ct. of Comm. Pleas). In his Complaint, he seeks

dismissal of the criminal charges against him, damages, and other relief on the basis that the amount

of time he has spent in pretrial custody violates his speedy trial rights.

Federal district courts are required, under 28 U.S.C. § 1915A, to review as soon as practical

after docketing any complaint filed in a civil action in which a prisoner seeks redress from a

governmental entity, and to dismiss before service any such action that the court determines is

frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary

relief from a defendant who is immune from such relief. See Hill v. Lappin, 630 F.3d 468, 470 (6th

Cir. 2010).

Upon review, the court finds that the Plaintiff’s Complaint must be dismissed.

The Supreme Court held in Preiser v. Rodriguez, 411 U.S. 475, 500 (1973), “that when a state

prisoner is challenging the very fact or duration of his physical imprisonment, and the relief he seeks

is a determination that he is entitled to immediate release or a speedier release from that

imprisonment, his sole federal remedy is a writ of habeas corpus.” Thus, if a prisoner challenges

the legality of his confinement, he may not use a civil rights action as an alternative to a petition for

a writ of habeas corpus, which requires that he exhaust his state remedies. See id. at 489-90.

Further, “[t]he sole remedy for a violation of the speedy trial right [is] dismissal of the

charges.” Betterman v. Montana, 136 S. Ct. 1609, 1615 (2016); Brown v. Romanowski, 845 F.3d

703, 712 (6th Cir. 2017). Accordingly, the Plaintiff's only avenue of relief for the violation of his

rights he alleges in his Complaint is to seek relief through a habeas corpus petition after exhausting

his state remedies. He has alleged no plausible claim on which he may granted relief under § 1983.

See, e.g, Thomas v. Pugh, 9 F. Appx. 370 (6th Cir. 2001) (affirming dismissal of § 1983 action

brought by pretrial detainee asserting speedy trial violation in connection with his pretrial detention).

Conclusion

Accordingly, the Plaintiff’s Complaint is dismissed pursuant to 28 U.S.C. § 1915A. The

Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could

not be taken in good faith.

IT IS SO ORDERED.

/s/ SOLOMON OLIVER, JR.

UNITED STATES DISTRICT JUDGE

March 11, 2020

2

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