Lattanzio v. Commonwealth of Kentucky
5:17-cv-00501
E.D. Ky.Jan 12, 2018Background
- Plaintiff James Lattanzio, pro se, sued under 42 U.S.C. § 1983 and state law for events arising from a December 21, 2016 police response to a domestic disturbance at his Lexington-area residence.
- He alleges warrantless entry, unlawful arrest and handcuffing, denial of prescribed medications, confinement in a cold cell, and delayed release after an emergency protective order (EPO) was issued.
- Lattanzio contends the EPO and related criminal-prosecution evidence were fabricated; charges were later dropped. He asserts federal constitutional violations, a RICO claim, and Kentucky-law claims (abuse of process, gross negligence).
- Defendants named: Commonwealth of Kentucky; Scott County, its police department and jail (treated as the county); and the Scott County Attorney (prosecutor).
- The district court screened the complaint and dismissed all federal claims with prejudice (Eleventh Amendment, lack of RICO predicate pleading, failure to plead Monell policy/custom, and prosecutorial immunity). State-law claims were dismissed without prejudice and supplemental jurisdiction declined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter/sovereign immunity of Commonwealth | Kentucky is liable for damages under § 1983 and other federal claims | Eleventh Amendment bars suit for money damages against the state; states are not "persons" under § 1983 | Dismissed with prejudice (sovereign immunity; not a § 1983 person) |
| RICO claim viability | Alleged scheme and fabricated evidence amount to RICO predicate acts | Federal and state governments and counties are not "persons" under RICO; complaint fails to plead predicate acts | RICO claims dismissed with prejudice (no RICO persons; inadequate predicate pleading) |
| Municipal liability (Scott County/police/jail) | County and its departments are liable for officers’ and jail staff’s actions | County liability requires a policy/custom causing the violation (Monell); plaintiff pleaded no policy/custom | Claims against county dismissed with prejudice for failure to plead Monell policy/custom |
| Prosecutorial misconduct (Scott County Attorney) | Prosecutor presented false evidence and withheld Brady material, violating due process | Prosecutors have absolute immunity for actions intimately associated with judicial phase of prosecution | Claim dismissed with prejudice (absolute prosecutorial immunity) |
| State-law claims (abuse of process, negligence, KY Constitution) | Asserts parallel state-law causes of action | Court may exercise supplemental jurisdiction but may decline once federal claims are gone | State-law claims dismissed without prejudice; court declined supplemental jurisdiction |
Key Cases Cited
- McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (screening requirement for complaints under § 1915)
- Hill v. Lappin, 630 F.3d 468 (6th Cir. 2010) (standards for dismissing frivolous or meritless claims)
- Davis v. Prison Health Servs., 679 F.3d 433 (6th Cir. 2012) (liberal pro se pleading construction)
- Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (U.S. 1993) (Eleventh Amendment principles)
- Cady v. Arenac County, 574 F.3d 334 (6th Cir. 2009) (state sovereign immunity under Eleventh Amendment)
- Kentucky v. Graham, 473 U.S. 159 (U.S. 1985) (official-capacity suits and Eleventh Amendment)
- Matthews v. Jones, 35 F.3d 1046 (6th Cir. 1994) (state officials in official capacities not "persons" under § 1983)
- Berger v. Pierce, 933 F.2d 393 (6th Cir. 1991) (government entities not "persons" under RICO)
- Smallwood v. Jefferson County Government, 743 F. Supp. 502 (W.D. Ky. 1990) (counties and municipal entities under RICO)
- Lambert v. Hartman, 517 F.3d 433 (6th Cir. 2008) (municipal departments are not separate suable entities)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility pleading standard)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom causation)
- Paige v. Coyner, 614 F.3d 273 (6th Cir. 2010) (Monell pleading requirements)
- Bright v. Gallia County, Ohio, 753 F.3d 639 (6th Cir. 2014) (municipal liability and customs)
- Brown v. Cuyahoga County, Ohio, [citation="517 F. App'x 431"] (6th Cir. 2013) (municipal liability discussion)
- Imbler v. Pachtman, 424 F.3d 409 (U.S. 1976) (absolute prosecutorial immunity)
- Van de Kamp v. Goldstein, 555 U.S. 335 (U.S. 2009) (scope of prosecutorial immunity)
- Adams v. Hanson, 656 F.3d 397 (6th Cir. 2011) (prosecutorial immunity in § 1983 suits)
- Carnegie–Mellon University v. Cohill, 484 U.S. 343 (U.S. 1988) (declining supplemental jurisdiction)
- Musson Theatrical, Inc. v. Federal Exp. Corp., 89 F.3d 1244 (6th Cir. 1996) (presumption in favor of dismissing supplemental claims after federal dismissals)