Opinion

Jamison v. Knight

Court
District Court, S.D. Ohio
Filed
Sep 28, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

James Jamison,

Plaintiff, Case No. 1:19cv790

v. Judge Michael R. Barrett

U.S. Attorney Jessica

Knight, et al.,

Defendants.

ORDER

This matter is before the Court on the Magistrate Judge’s November 6, 2019

Report and Recommendations (“R&R”) (Doc. 12) and Plaintiff’s Objections thereto (Doc.

13).

I. STANDARD OF REVIEW

When objections are made to a magistrate judge’s report and recommendation on

a nondispositive matter, this Court “shall modify or set aside any portion of the magistrate

judge's order found to be clearly erroneous or contrary to law.” Fed. R. Civ. P. 72(a). The

“clearly erroneous” standard applies to the magistrate judge's factual findings and the

“contrary to law” standard applies to the legal conclusions. Sheppard v. Warden,

Chillicothe Corr., Inst., 1:12-CV-198, 2013 WL 146364, *5 (S.D. Ohio Jan. 14, 2013).

Legal conclusions should be modified or set aside if they “contradict or ignore applicable

precepts of law, as found in the Constitution, statutes, or case precedent.” Gandee v.

Glaser, 785 F.Supp. 684, 686 (S.D. Ohio 1992). When objections to a magistrate judge’s

report and recommendation are received on a dispositive matter, the assigned district

judge “must determine de novo any part of the magistrate judge’s disposition that has

been properly objected to.” Fed. R. Civ. P. 72(b)(3). After review, the district judge “may

accept, reject, or modify the recommended decision; receive further evidence; or return

the matter to the magistrate judge with instructions.” Id.; see also 28 U.S.C. § 636(b)(1).

II. BACKGROUND

Plaintiff is proceeding in this matter pro se. Plaintiff is a resident at a halfway house

in Cincinnati, Ohio. Plaintiff’s claims arise out of his March 22, 2018 supervised release

violation and imposition of a twenty-four-month sentence for new offenses of identity theft,

wire fraud, and mail fraud.

The Magistrate Judge granted Plaintiff leave to proceed in forma pauperis, but

determined that Plaintiff failed to state a claim for the reasons set forth in her October 9,

2019 R&R (Doc. 7). While the October 9, 2019 R&R was pending, Plaintiff filed a Motion

to Supplement his Complaint (Doc. 11), a Motion for Summary Judgment (Doc. 9), and a

Supplemental Motion for Summary Judgment (Doc. 10). In her November 6, 2019 R&R,

the Magistrate Judge found that these motions were either duplicative of previously filed

motions or should be denied in light of the October 9, 2019 R&R; and recommended that

the Court adopt in its entirety the October 9, 2019 R&R.

III. ANALYSIS

In his Objections, Plaintiff states that the Magistrate Judge erred in finding that he

had failed to state a claim because Plaintiff has cited other cases where other individuals

have committed supervised release violations but were not sent back to federal prison.

Plaintiff points out that he was never arrested for the four new alleged crimes. Plaintiff

also claims that even though he was innocent of these crimes, Defendant U.S. District

Court Judge Timothy S. Black found him guilty of committing all four crimes. Finally,

Plaintiff argues that Defendant U.S. Attorney Jessica Knight is not entitled to prosecutorial

immunity; and none of the Defendants are entitled to qualified immunity because they

knew their acts were unconstitutional.

However, as the Magistrate Judge explained Defendant Knight is entitled to

absolute prosecutorial immunity because Plaintiff’s supervised release violation is

intimately associated with the judicial phase of his criminal case. The doctrine of absolute

immunity allows prosecutors to exercise their own independent judgment in “deciding

which suits to bring and in conducting them in court.” Imbler v. Pachtman, 424 U.S. 424,

419 (1976). Therefore, the Court finds no error in the Magistrate Judge’s conclusion that

Defendant Knight is entitled to absolute prosecutorial immunity and Plaintiff’s claims

against Defendant Knight should be dismissed.

In addition, as the Magistrate Judge explained, judges are afforded absolute

immunity from damages for acts they commit while functioning within their judicial

capacity. Imbler, 424 U.S. at 419 (explaining that judicial “immunity applies even when

the judge is accused of acting maliciously and corruptly, and it is not for the protection or

benefit of a malicious or corrupt judge, but for the benefit of the public, whose interest it

is that the judges should be at liberty to exercise their functions with independence and

without fear of consequences”) (internal quotations omitted). Therefore, the Court finds

no error in the Magistrate Judge’s conclusion that Judge Black is entitled to absolute

judicial immunity and Plaintiff’s claims against him should be dismissed.

Finally, the Magistrate Judge concluded that Defendant U.S. Probation Officer

Darla Huffman is entitled to quasi-judicial immunity. The Court finds no error in this

conclusion. See Frazier v. Crump, No. 16-6687, 2017 WL 5664900, at *2 (6th Cir. Oct.

17, 2017) (probation officers who supervised plaintiff’s probation and reported his

violations were entitled to quasi-judicial immunity).

IV. CONCLUSION

Having reviewed this matter de novo in accordance with Rule 72 of the Federal

Rules of Civil Procedure, the Court finds the Magistrate Judge’s R&R (Doc. 12) to be

thorough, well-reasoned, and correct. Accordingly, the Magistrate Judge’s November 6,

2019 R&R (Doc. 12) is ADOPTED in its entirety, and Plaintiff’s Objections (Docs. 8, 13)

are OVERRULED. It is hereby ORDERED that:

1. The October 9, 2019 R&R (Doc. 7) is adopted in its entirety and, for the

reasons set forth therein, Plaintiff’s Complaint, as supplemented, is

DISMISSED with PREJUDICE for failure to state a claim upon which relief

may be granted;

2. Plaintiff’s second Motion for Leave to File a Supplemental Complaint (Doc.

11) is DENIED as duplicative;

3. Plaintiff’s Motion and Supplemental Motion for Summary Judgment (Docs.

9, 10) is DENIED;

4. The Court certifies pursuant to 28 U.S.C. § 1915(e)(2)(B) that for the

foregoing reasons an appeal of this Order would not be taken in good faith,

and therefore, Plaintiff is DENIED leave to appeal in forma pauperis. See

McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997); and

5. This matter is CLOSED and TERMINATED from the active docket of this

Court.

IT IS SO ORDERED.

/s/ Michael R. Barrett

Michael R. Barrett

United States District Court

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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