Jackson v. Wiggins
5:21-cv-00105
| W.D. Ky. | Dec 27, 2021Background
- Plaintiff Timothy Brian Jackson, proceeding pro se and in forma pauperis, sued County Attorney Carrie Ovey Wiggins and retired Cadiz police officer Franklin Pollard under 42 U.S.C. § 1983 and 18 U.S.C. § 242.
- Allegations: Jackson was arrested for sharing an internet meme (terroristic threatening), held on excessive bond for a week, indicted without evidence; he contends Wiggins struck down dismissal motions and pressured him to plead, and Pollard lied to obtain a warrant and lacked probable cause.
- The Court screened the complaint under 28 U.S.C. § 1915(e)(2) for frivolousness, failure to state a claim, and immunity defenses.
- The Court held that § 242 does not provide a private cause of action and a private citizen cannot initiate federal criminal prosecution.
- The Court found Wiggins entitled to absolute prosecutorial immunity for acts as an advocate and dismissed claims against her.
- Jackson previously filed an earlier case against Pollard (Jackson v. Pollard, 5:20-cv-41-TBR) raising the same arrest-related claims; the Court dismissed the Pollard claim here without prejudice so it can proceed in the earlier-filed action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Viability of claim under 18 U.S.C. § 242 | Jackson alleges federal civil/criminal violation by defendants under § 242 | § 242 is a federal criminal statute and does not create a private right of action; private citizens cannot initiate federal criminal prosecutions | Claim dismissed for failure to state a claim (no private cause of action under § 242) |
| Prosecutorial liability of Wiggins | Wiggins improperly struck down dismissal motions and intimidated Jackson into a plea | Wiggins acted as advocate in initiating/pursuing prosecution and is absolutely immune for those functions | Claim dismissed based on absolute prosecutorial immunity |
| False-warrant / lack-of-probable-cause claim against Pollard | Pollard lied to obtain warrant and lacked probable cause for arrest | The identical claim is pending in an earlier-filed case against Pollard | Claim dismissed here without prejudice to proceed in the earlier-filed case |
Key Cases Cited
- McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (standards for screening in forma pauperis complaints)
- Jones v. Bock, 549 U.S. 199 (2007) (procedural standards related to prisoner civil rights litigation)
- Boag v. MacDougall, 454 U.S. 364 (1982) (pro se pleadings are to be liberally construed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must plead plausible claim to survive dismissal)
- Imbler v. Pachtman, 424 U.S. 409 (1976) (absolute prosecutorial immunity for advocacy functions)
- Grant v. Hollenbach, 870 F.2d 1135 (6th Cir. 1989) (prosecutorial immunity bars suit alleging conspiracy to bring false charges)