512 F. App'x 495
6th Cir.2013Background
- Moniz, a Michigan prisoner, sues former attorney general Cox alleging failure to investigate or remedy a purported corrupt, discriminatory towing policy by Star Towing in Monroe County.
- Moniz claims Erie Township prosecutors, with Star Towing, committed perjury and concealed the policy; Cox allegedly failed to supervise or correct misconduct.
- Moniz sought Cox’s investigations and supervisory action; district court dismissed the complaint as to §1983, §1985, §1986, and §1981/§1982 claims.
- Moniz challenges Cox’s supervisory role and alleged misrepresentations to federal courts, suggesting a broader constitutional access-to-courts issue, though not clearly defined.
- The court concludes Moniz’s §1983 claims fail for lack of personal involvement and other deficiencies; official-capacity damages claims are barred; §1985/§1986 claims fail for lack of racial animus; and §1981/§1982 claims fail for lack of pleaded racial discrimination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| §1983: personal involvement required | Moniz claims Cox failed to investigate and supervise | Cox not personally involved; supervisory liability requires active conduct | Claim fails for lack of personal involvement by Cox |
| Official-capacity damages under §1983 | Cox’s supervisory actions violated rights harming Moniz | Official-capacity claims are against the state, not individuals, for damages | Denied; official-capacity damages not cognizable under §1983 |
| §1985/§1986 conspiracy based on race | Cox conspired to discriminate and deprive equal protection | No racial or class-based discriminatory animus alleged | Fail on both §1985(3) and §1986 due to lack of animus |
| §1981 and §1982 claims for racial discrimination | Cox discriminated against Moniz on race/ethnicity in towing-related actions | Complaint lacks specific race-based discrimination by Cox | Dismissed; no pleaded facts showing intentional racial discrimination by Cox |
Key Cases Cited
- Harris v. City of Circleville, 583 F.3d 356 (6th Cir. 2009) (requires showing of deprivation by state actor under §1983)
- Iqbal v. United States, 556 U.S. 662 (S. Ct. 2009) (plaintiff must plead plausible constitutional claims)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (S. Ct. 2007) (pleading must show facial plausibility)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (states and officials in official capacity not ‘persons’ under §1983 for damages)
- Bounds v. Smith, 430 U.S. 817 (1977) (constitutional right to access the courts; provision of tools/assistance)