Opinion

Goodykoontz v. Cuyahoga County

Court
District Court, N.D. Ohio
Filed
Oct 17, 2024
Cited by
0 cases
Authority
More cited than 31.7%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

DAVID GOODYKOONTZ, ) CASE NO. 1:24 CV 1309

)

Plaintiff, ) JUDGE DAN AARON POLSTER

)

vs. )

) MEMORANDUM OF OPINION

CUYAHOGA COUNTY, et al., ) AND ORDER

)

Defendants. )

Pro se Plaintiff David GoodyKoontz filed this action against Cuyahoga County and his

criminal defense attorneys Tom Shaughnessy, Frank Cavallo and Robert Botnick. In the

Complaint (Doc. No. 1), Plaintiff claims his attorneys committed legal malpractice in

representing him in his two criminal cases in the Cuyahoga County Court of Common Pleas. He

also complains of conditions of confinement in the Cuyahoga County Jail prior to his admission

to prison on July 28, 2022. He asserts claims under 42 U.S.C. §§ 1981, 1982, 1983, 1985, 1986,

and 18 U.S.C. §§ 1589, 2255, and 1595, and 18 U.S.C. §§ 1964, 1962. He seeks monetary

damages.

I. BACKGROUND

Plaintiff was convicted by a jury on February 24, 2022 in the Cuyahoga County Court of

Common Pleas on a total of seventeen counts of pandering sexual material involving a minor,

eleven counts of using a minor in nudity material, one count of possession of criminal tools, and

one count of gross sexual imposition. See State of Ohio v. GoodyKoontz, Nos. CR-20-647818-

A, CR-19-641800 (Cuyahoga Cty Ct. Comm. Pl. July 14, 2022). The court sentenced him to an

aggregate total of thirty-seven years incarceration on July 14, 2022. He entered prison fourteen

days later. The Ohio Eighth District Court of Appeals upheld his convictions on September 14,

2023. He did not file a timely appeal to the Supreme Court of Ohio and his Motion to File a

Delayed Appeal was denied in May 2024.

Plaintiff has now filed this action to challenge the legal representation he received at his

criminal trial, and to object to conditions he encountered in the Cuyahoga County Jail awaiting

trial. His Complaint is difficult to decipher. It contains few factual allegations or dates, making it

hard to determine exactly what took place and when it occurred. His Complaint is also

repetitive and is, at times, clearly delusional.

Mr. Shaughnessy, Mr. Cavallo and Mr. Botnick all represented Plaintiff in the course of

his criminal prosecution. He indicates he is bringing claims of legal malpractice against them.

He contends he specifically told them that he would not agree to any continuance of his criminal

proceedings; however, the court continued some of his hearings. It appears that at least one of

those delays was to restore Plaintiff’s competence to stand trial. He claims he was working

undercover as a federal agent when he downloaded or viewed child pornography but his

attorneys refused to present this argument. He states they allowed the county to open his legal

mail, failed to contest the warrant, failed to argue entrapment, failed to ask questions of him on

the witness stand, failed to help him make photocopies for other lawsuits, failed to utilize his

medical concerns in mitigation, failed to assist with jail conditions, failed to move for lower

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bond amounts, and failed to secure a haircut for him prior to trial. He further claims they failed

to identify him as a witness in the Trump impeachment hearings and other major trials, failed to

argue that he was carrying out his federal agent duties when he touched a twelve-year old boy in

a store, and failed to argue that he was entitled to diplomatic immunity, presidential immunity,

executive privilege, absolute immunity, qualified immunity and United Nations immunity.

Plaintiff’s claims against Cuyahoga County focus on the conditions of his confinement in

the jail while awaiting trial from 2019 to 2022. He claims the County failed to protect his

property or enter him in protective custody as a federal agent, retaliated against him for filing a

grievance when a county employee ordered him to wear a mask while exercising outside,

violated food standards, had insect and rodent infestations in the jail, failed to give him a

competency test and sent him to North Coast Behavioral Health for competency restoration

without his legal folders. He claims jail staff sent him to segregation as punishment for having

verbal outbursts which he claims were caused by Wellbutrin,. He states that jail staff did not

give him a lower bunk assignment which caused him to fall. He contends medical staff

prescribed Wellbutrin which caused him to experience side effects. He states jail staff opened

his legal mail, refused to make photocopies for him and prevented him from pursuing a lawsuit

for trade secret misappropriation. He alleges staff refused to give him copies of the United

States Code or the Ohio Revised Code. He states, without explanation, that county personnel

used “street justice” in and out of the county. He further claims that county employees refused

to allow his mother to step outside to smoke a cigarette while the search warrant was being

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executed, denied him leave to proceed in forma pauperis, and exposed the nature of his crimes

and his involvement as a federal agent to other detainees.

Plaintiff’s legal claims are also difficult to decipher. Throughout the body of the

Complaint, he randomly cites statutes, often without context. In the beginning of his Complaint,

he lists causes of action under 42 U.S.C. §§ 1983, 1985, 1986, and identifies claims under the

Eighth, Fourteenth, and First Amendments. (Doc. No. 1 at PageID #: 3). He then states that all

of the Defendants are liable for legal malpractice. (Doc. No. 1 at PageID #: 5). Later in the

Complaint, he states that Cuyahoga County is liable for damages for forced labor under 18

U.S.C. §§ 1589, 1595 and 2255, and “extortion in violation of Ohio Revised Code § 2905.11

through Ohio Revised Code § 2703.60 and 28 U.S.C. § 1367.” (Doc. No. 1 at PageID #: 11).

He then states that Cuyahoga County is liable “for violations of 42 U.S.C. § 1981 by failing to

give Plaintiff the same treatment or rights, or PC a white or second generation agent would have

gotten.” (Doc. No. 1 at PageID #: 13). He mentions 42 U.S.C. § 1982 as a claim against the

County for “failing to protect Plaintiff’s property or enter him into PC as a white agent would

have had.” (Doc. No. 1 at PageID #: 14). Finally, he asserts that Cuyahoga County is liable for

damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§

1964, 1962. He list numerous additional federal statutes, which he appears to allege were

predicate acts under the RICO statute.

II. STANDARD OF REVIEW

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Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364,

365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the Court is required to

dismiss an in forma pauperis action under 28 U.S.C. §1915(e) if it fails to state a claim upon

which relief can be granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams,

490 U.S. 319 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of

Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). A claim lacks an arguable basis in law or fact

when it is premised on an indisputably meritless legal theory or when the factual contentions are

clearly baseless. Neitzke, 490 U.S. at 327.

A cause of action fails to state a claim upon which relief may be granted when it lacks

“plausibility in the Complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A

pleading must contain a “short and plain statement of the claim showing that the pleader is

entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the

pleading must be sufficient to raise the right to relief above the speculative level on the

assumption that all the allegations in the Complaint are true. Bell Atl. Corp., 550 U.S. at 555.

The Plaintiff is not required to include detailed factual allegations, but must provide more than

“an unadorned, the-Defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678. A

pleading that offers legal conclusions or a simple recitation of the elements of a cause of action

will not meet this pleading standard. Id. In reviewing a Complaint, the Court must construe the

pleading in the light most favorable to the Plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151

F.3d 559, 561 (6th Cir. 1998). The Court, however, is given discretion to refuse to accept

without question the truth of Plaintiff’s allegations when they are “clearly baseless,” a term

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encompassing claims that may be fairly described as fanciful, fantastic, delusional, wholly

incredible, or irrational. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). The case at bar

undoubtedly presents just such a Complaint.

III. ANALYSIS

As an initial matter, the Court is mindful of its duty to accord a more liberal construction

to the pleadings of pro se litigants. That liberal construction, however, has its limits. Plaintiff’s

Complaint is composed of a rambling and repetitive narrative with references to numerous state

and federal statutes. Neither the Court nor the Defendants are obligated to search through the

Complaint in order to glean a clear and succinct statement of each claim for relief. To the

contrary, it is Plaintiff’s responsibility to identify, edit and organize his claims and supporting

allegations into a manageable format. The Court will address the claims which it identified in

the Complaint. To the extent Plaintiff intended to assert another claim which this Court does

not address, he failed to adequately identify it and it is dismissed for failure to state a claim upon

which relief may be granted.

Plaintiff first claims that the Defendants violated his First, Eighth, and Fourteenth

Amendment rights under 42 U.S.C. § 1983. To establish a prima facie case under 42 U.S.C.

§1983, Plaintiff must assert that a person acting under color of state law deprived him of rights,

privileges, or immunities secured by the Constitution or laws of the United States. Parratt v.

Taylor, 451 U.S. 527, 535 (1981). Generally to be considered to have acted “under color of

state law,” the person must be a state or local government official or employee. Public

defenders and private defense attorneys are not state actors against whom claims can be asserted

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under § 1983. Polk County v. Dodson, 454 U.S. 312, 318 (1981). Plaintiff’s claims against Mr.

Shaughnessy, Mr. Cavallo and Mr. Botnick under § 1983 are dismissed.

Plaintiff also fails to state a claim against Cuyahoga County under 42 U.S.C. § 1983.

These claims must be based on constitutional violations that occurred as the result of the

County’s own official policy enacted by its lawmakers, Powers v. Hamilton County Pub.

Defender Comm’n, 501 F.3d 592, 607 (6th Cir. 2007) (citing Monell v. New York City Dep’t of

Soc. Servs., 436 U.S. 658, 690 (1978)), or by the County’s own custom which, while not

officially memorialized in an ordinance, is so permanent and well-settled that it carries the force

of law. Monell, 436 U.S. at 691. Section 1983 does not permit a Plaintiff to sue a local

government entity on the theory of respondeat superior, meaning that he cannot sue the County

for the actions of its employees. Id. at 692-94. The claims must be based on the County’s own

wrong-doing. Therefore, to demonstrate that the County’s policies or customs caused

constitutional harm, the Plaintiff must “(1) identify the municipal policy or custom, (2) connect

the policy to the municipality (not just to an employee or official of the County), and (3) show

that his particular injur[ies] w[ere] incurred due to execution of that policy.” Brawner v. Scott

Cty., 14 F.4th 585, 598 (6th Cir. 2021)(quoting Morgan v. Fairfield County, 903 F.3d 553, 566

(6th Cir. 2018) (internal quotations omitted).

Although Plaintiff liberally uses the words “custom” and “policy” in his Complaint, he

does not actually identify a custom or policy and connect it to Cuyahoga County. Rather, the

actions he uses to form the basis of his claims are those of various County employees. Simply

tacking the words “custom” or “policy” to allegations of employee behavior does not bypass the

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bar of respondeat superior liability in §1983 claims. Iqbal, 556 U.S. at 678. Plaintiff’s claims

against Cuyahoga County under 42 U.S.C. § 1983 are dismissed.

Plaintiff also asserts claims against Cuyahoga County under 42 U.S.C. §§ 1985 and

1986. To state a claim for conspiracy to deprive a person of equal protection under the law

pursuant to 42 U.S.C. § 1985, Plaintiff must allege that two or more persons conspired together

for the purpose of depriving him of the equal protection of the laws and committed an act in

furtherance of the conspiracy which was motivated by racial or other class-based invidiously

discriminatory animus. Bass v. Robinson, 167 F.3d 1041, 1050 (6th Cir. 1999); Vakilian v.

Shaw, 335 F.3d 509, 518 (6th Cir.2003). Claims under § 1985 cannot be premised upon mere

conclusions and opinions. Morgan v. Church's Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987).

Plaintiff must allege sufficient facts to link two or more alleged conspirators in the conspiracy

and to establish the requisite “meeting of the minds” essential to the existence of the conspiracy.

McDowell v. Jones, 990 F.2d 433, 434 (8th Cir.1993).

Plaintiff fails to state a claim for relief under 42 U.S.C. § 1985. First, a conspiracy under

§1985 requires two or more people. Cuyahoga County cannot conspire with itself. In addition,

§1985 only addresses conspiracies to deprive the Plaintiff of equal protection based on his race

or membership in a protected class. Plaintiff fails to allege facts that race was a motivating

factor in any of Cuyahoga County’s decisions. His claims under 42 U.S.C. § 1985 are

dismissed.

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Section 1986 imposes liability on those individuals who have knowledge of any of the

wrongs prohibited by § 1985, yet fail to prevent them. Because Plaintiff failed to state a claim

under § 1985, his claims for relief under §1986 must also be dismissed.

Plaintiff next indicates he may be asserting a claim against Cuyahoga County under 42

U.S.C. § 1981. Section 1981 prohibits racial discrimination in the making and enforcement of

contracts. This cause of action, however, does not extend to municipalities. See Arendale v. City

of Memphis, 519 F.3d 587, 594 (6th Cir. 2008). As this claim is only asserted against Cuyahoga

County, it must be dismissed. Moreover, there are no allegations suggesting the County

discriminated against him in making a contract or in enforcing one. This claim is also

dismissed.

Plaintiff mentions 42 U.S.C. § 1982 as a claim against the County for “failing to protect

Plaintiff’s property or enter him into PC as a white agent would have had.” (Doc. No. 1 at

PageID #: 14). Section 1982 prohibits racial discrimination in inheriting, purchasing, leasing,

selling, holding, and conveying real and personal property. 42 U.S.C. § 1982. To state a claim

under § 1982, Plaintiff must allege facts suggesting that: (1) he is a member of a racial minority;

(2) Cuyahoga County intended to discriminate on the basis of race; and (3) the discrimination

concerned one of the statute’s protected activities. Gerber v. Herskovitz, 14 F.4th 500, 510-11

(6th Cir. 2021); Johnson v. City of Ecorse, 137 F. Supp. 2d 886, 890–91 (E.D. Mich. 2001).

The Complaint contains no facts which suggest that Cuyahoga County intended to discriminate

against Plaintiff on the basis of his race in connection with his inheritance, purchase, lease, sale,

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holding or conveyance of real or personal property. He fails to state a claim under 42 U.S.C. §

1982.

In addition, Plaintiff references violations of 18 U.S.C. §§ 1589, 2255, and 1595. The

first statute cited, 18 U.S.C. § 1589, criminalizes human trafficking. Civil actions against

human traffickers are permitted under 18 U.S.C. § 1595; however, Plaintiff failed to allege any

facts in the Complaint to suggest he was the victim of human trafficking by the Defendants.

Being convicted of multiple crimes and sentenced to a term of incarceration is not human

trafficking. The other statute cited by Plaintiff, 18 U.S.C. § 2255 provides civil remedies for

victims of child sexual exploitation. While Plaintiff claims to have been the victim of sexual

abuse as a child, there is no indication that any of the Defendants perpetrated that abuse. He

fails to state a plausible claim under these statutes.

Plaintiff attempts to assert a civil RICO claim against Cuyahoga County. Pursuant to 18

U.S.C. § 1964(c), RICO provides a private right of action for “[a]ny person injured in his

business or property by reason of a violation of [18 U.S.C. § 1962].” In turn, Section 1962 states

in relevant part:

(c) It shall be unlawful for any person employed by or associated

with any enterprise engaged in, or the activities of which affect,

interstate or foreign commerce, to conduct or participate, directly

or indirectly, in the conduct of such enterprise's affairs through a

pattern of racketeering activity or collection of unlawful debt.

(d) It shall be unlawful for any person to conspire to violate any of

the provisions of subsection ... (c) of this section.

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A “pattern of racketeering activity” requires at least two acts of “racketeering activity” which are

set forth in Section 1961(1). 18 U.S.C. § 1961(5).

Plaintiff has two RICO claims. First, he claims Cuyahoga County is liable for damages

under RICO because former County Commissioner Jimmy Dimora, former County Auditor

Frank Russo, and former Sheriff Gerald McFaul committed acts of corruption. Dimora and

Russo resigned in 2010. McFaul resigned in 2009. There is a four-year statute of limitations on

RICO claims. Agency Holding Corp. v. Malley-Duff & Assocs., 483 U.S. 143, 156 (1987). This

claim is untimely. Furthermore, Plaintiff fails to allege credible facts to indicate how he was

impacted by any of those actions. For his second RICO claim, Plaintiff claims he is the

enterprise and Cuyahoga County participated in his affairs through a pattern of racketeering.

The Plaintiff, however, cannot be both the enterprise and the victim of the enterprise. He fails to

state a claim for relief under RICO.

Finally, Plaintiff cites to numerous Ohio Revised Code provisions and asserts a claim for

legal malpractice. Supplemental jurisdiction exists whenever state law and federal law claims

derive from the same nucleus of operative facts and when considerations of judicial economy

dictate having a single trial. United Mine Workers of America v. Gibbs, 383 U.S. 715, 724

(1966). The Court, however, may exercise discretion in hearing state law matters. Id. at 726. In

cases where the federal law claims are dismissed before trial, the state law claims should also be

dismissed. Id. Having dismissed Plaintiff’s federal law claims, this Court declines jurisdiction

to hear Plaintiff’s state law claims.

IV. CONCLUSION

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Accordingly, this action is DISMISSED pursuant to 28 U.S.C. § 1915(e). The Court

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.

10/17/2024

DAN AARON POLSTER

UNITED STATES DISTRICT JUDGE

' 28 U.S.C. § 1915(a)(3) provides:

An appeal may not be taken in forma pauperis if the trial court certifies that it is not

taken in good faith.

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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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