Wilson v. Board of County Commissioners of San Juan County
1:24-cv-00265
D.N.M.May 14, 2025Background
- Charles Patrick Wilson, an incarcerated, legally blind individual proceeding pro se, filed a Prisoner’s Civil Rights Complaint in federal court after dismissing a similar state court action without prejudice.
- Wilson previously sued various Farmington, NM police officers and San Juan County officials in state court under the New Mexico Tort Claims Act for alleged battery (during his arrest) and negligent operation of a building (related to an assault by another detainee post-arrest).
- Plaintiff’s federal complaint referenced his state pleading but did not assert explicit federal claims or specific grounds for relief; it merely attached his state complaint.
- Wilson sought appointment of counsel due to his blindness, but his filings showed capability to pursue his case pro se at this stage.
- The Court screened the Complaint under 28 U.S.C. § 1915A and found no federal jurisdiction as no constitutional or federal law claims were presented; only state tort law claims.
- The Complaint was dismissed without prejudice, with leave granted to amend and assert federal claims within thirty days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of Counsel | Wilson requested counsel due to blindness. | Not stated; screening is threshold inquiry. | Denied without prejudice; plaintiff can litigate pro se. |
| Jurisdiction (federal question) | Implied desire to proceed in federal court. | Not stated; Court screened sua sponte. | Dismissed—no federal claim asserted; no jurisdiction. |
| Sufficiency of Pleadings (Rule 8) | Relied on attached state court complaint. | Not addressed; court requires clear claims. | Dismissed—insufficient to state claim for relief. |
| Leave to Amend | Not directly addressed. | Not opposed; standard practice for pro se. | Granted—plaintiff may file amended complaint in 30 days. |
Key Cases Cited
- Rachel v. Troutt, 820 F.3d 390 (10th Cir. 2016) (appointing counsel in § 1983 cases is discretionary and limited to extraordinary cases)
- Toevs v. Reid, 685 F.3d 903 (10th Cir. 2012) (setting standards for requesting counsel in civil rights actions)
- Firstenberg v. City of Santa Fe, N.M., 696 F.3d 1018 (10th Cir. 2012) (federal question jurisdiction must appear on face of complaint)
- Trask v. Franco, 446 F.3d 1036 (10th Cir. 1998) (plaintiff in § 1983 case must allege personal constitutional violation by a government official)
- Graham v. Connor, 490 U.S. 386 (1989) (sets standard for excessive force claims under Fourth Amendment)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for Eighth Amendment claims)
- Monell v. Dep't of Soc. Servs. of N.Y., 436 U.S. 658 (1978) (local governments are liable under § 1983 only for policies/customs causing violations)