Wilkerson v. Phelps-Powers, 3:24-cv-00114

Patrick Wilkerson, Sr., a pro se plaintiff, filed suit alleging a conspiracy among law enforcement, prosecutors, his defense attorney, and a witness to deprive him of rights under the First, Fourth, Fifth, Sixth, and Fourteenth Amendments.
The claims stem from two 2021 arrests and prosecutions in Montgomery County, Ohio for domestic violence-related charges involving Nakela McGhee, including allegations of evidence fabrication and destruction.
Wilkerson alleges false arrest, illegal search, malicious prosecution, wrongful detention/investigation, Fifth Amendment takings, due process violations, civil conspiracy, and more.
The Court granted Wilkerson’s motion to proceed in forma pauperis and conducted an initial screening under 28 U.S.C. § 1915(e)(2).
The Court recommends dismissing claims brought against officials in their official capacities, as well as specific constitutional claims that fail as a matter of law.
The Court allowed claims related to false arrest, search/seizure, malicious prosecution, wrongful detention/investigation, takings, due process, and conspiracy to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Official capacity liability	Seeks damages and injunctive relief against officials	Immunity under Eleventh Amendment	Dismissed claims for damages and relief
Speedy trial violation (6th Amend.)	Trial delayed beyond 90 days, causing prejudice	Delay not excessive, no ongoing violation	Dismissed (6.8 month delay not excessive)
Attorney-client privilege (6th Amend.)	Defense attorney conspired, breached privilege	Privilege not constitutional right	Dismissed
Brady/Right to evidence	Exculpatory evidence destroyed/suppressed	Knew of evidence, acquitted anyway	Dismissed
Cruel and unusual punishment (14th)	Jail conditions, physical/medical mistreatment	No specific acts by defendants	Dismissed
Invasion of privacy (4th/14th)	Phone seized, explicit images not protected	No disclosure or use in trial	Dismissed
Right to petition/equal protection	Interference with criminal complaint	No right to force prosecution, no disparate treatment	Dismissed
False arrest, search, etc.	Law enforcement/prosecution fabricated evidence	To be litigated	Permitted to proceed

Will v. Michigan Dep't of State Police, 491 U.S. 58 (official-capacity suits against state officers are suits against the state, barred by the Eleventh Amendment)
Strunk v. United States, 412 U.S. 434 (sole remedy for speedy trial violation is dismissal of criminal charges)
Doggett v. United States, 505 U.S. 647 (delay must be long enough to trigger speedy trial analysis)
Brady v. Maryland, 373 U.S. 83 (prosecution must disclose exculpatory evidence)
Whalen v. Roe, 429 U.S. 589 (recognizes two types of constitutional privacy interests)
Linda R.S. v. Richard D., 410 U.S. 614 (no judicially cognizable interest in the prosecution of another)
Los Angeles v. Lyons, 461 U.S. 95 (past illegal conduct does not establish risk of future injury for injunctive relief)