Coggins v. MARTA Transit System
1:12-cv-02460
N.D. Ga.Aug 28, 2013Background
- Filed Aug 16, 2012 in forma pauperis; frivolity review conducted.
- Plaintiff asserts three claims: wrongful death against MARTA, §1983 civil rights against MARTA police, and a third claim against a jail not named in the action.
- Court applies 28 U.S.C. § 1915(e)(2)(B) to screen for frivolousness or failure to state a claim.
- Wrongful death claim is time-barred under Georgia two-year personal injury limitations (O.C.G.A. § 9-3-33); no tolling basis alleged.
- §1983 claim: possible false arrest and excessive force theories; no properly named officer identified; amendment ordered; excessive force claim is de minimis and rejected.
- Jail claim is not viable because jail not a party to the action; overall dismissal except potential false arrest claim is reserved for amended complaint.
- Plaintiff must amend within 14 days naming the defendant for false arrest; failure to amend will result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wrongful death claim is time-barred. | Coggins likely argues tolling or timely filing. | Statute expired; no tolling shown. | Wrongful death claim barred; DISMISSED. |
| Whether a §1983 false arrest claim can proceed without a named officer. | Plaintiff asserts false arrest against MARTA police. | No named defendant; insufficient pleading. | Amendment required to identify defendant; otherwise dismissed. |
| Whether the excessive force claim states a valid Eighth/4th Amendment claim. | Excessive force occurred. | De minimis injury; not actionable. | Claim fails as a matter of law. |
| Whether the jail claim can proceed given the jail is not party to the action. | Jail involvement alleged. | Jail not a defendant; improper claim. | DISMISSED. |
| Whether the overall action should be dismissed and amended claims allowed. | Claims may proceed with amendments. | Frivolous or failing to state claims. | With exception of false arrest, claims DISMISSED; amendment required for false arrest within 14 days. |
Key Cases Cited
- Neitzke v. Williams, 490 U.S. 319 (1989) (frivolity standard for § 1915(e)(2) dismissal)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard)
- Twombly, 550 U.S. 544 (2007) (heightened pleading standard)
- Tannenbaum v. United States, 148 F.3d 1262 (11th Cir. 1998) (liberal construction for pro se pleadings; cannot rewrite deficient pleadings)
- Thomas v. Pentagon Fed. Credit Union, 393 F. App’x 635 (11th Cir. 2010) (liberal construction does not salvage deficient pleadings)
- Ortega v. Christian, 85 F.3d 1521 (11th Cir. 1996) (Fourth Amendment seizure must be reasonable; probable cause/government action)
- Marx v. Gumbinner, 905 F.2d 1503 (11th Cir. 1990) (false arrest under §1983; color of law requirement)
- Hudson v. McMillian, 503 U.S. 1 (1992) (de minimis use of force not actionable under Eighth Amendment)
- Estelle v. Gamble, 429 U.S. 97 (1976) (standard for cruel and unusual punishment; force context)
- Adair v. Baker Brothers, Inc., 366 S.E.2d 164 (Ga. Ct. App. 1988) (Georgia two-year statute for personal injury applies to wrongful death)