MEMORANDUM OPINION
Denying the Plaintiff’s Motions foe Appointment of Counsel; Granting the Defendants’ Motions to Dismiss
I. INTRODUCTION
These matters come before the court on the defendants’
1
respective motions to dismiss and the
pro se
plaintiffs motion to appoint counsel. The plaintiff commenced three separate but related cases in this court, each involving his 1998 dismissal from the Hammond Police Department (“HPD”) in Hammond, Louisiana. The plaintiff moves the court to appoint counsel to represent him in these matters. The defendants have filed motions to dismiss each of the plaintiffs cases.
2
Because the
II. BACKGROUND
A. Factual Background 3
The plaintiff, an African-American, worked as a police officer with the HPD from January 1996 until his termination in February 1998. Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. No. 09-2147 (D.D.C.2009), Compl. at 14. The HPD suspended the plaintiff for allegedly sleeping while on duty as a police officer, but when the HPD attempted to provide written notice to the plaintiff regarding this suspension, he refused to accept the delivery. Id. at 6-7. After determining that his refusal to accept notice of suspension constituted insubordination and failure to obey a direct order, the HPD terminated him. Id. In 1998, the plaintiff appealed to the Civil Service Board, presumably for the City of Hammond, but was denied a hearing. Id. at 10, 24-25.
In February 2000, the plaintiff sued the City of Hammond and the HPD in the Eastern District of Louisiana, alleging discriminatory and retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e, and 42 U.S.C. § 1983, respectively.
See generally Dantzler v. City of Hammond,
Civ. No. 00-446 (E.D.La. Nov. 8, 2001), Order;
see also Dantzler v. Pope,
Civ. No. 08-3777 (E.D.La. July 22, 2009), Order at 7 (providing an overview of the procedural history of the plaintiffs’ various claims). In November 2001, the District Court for the Eastern District of Louisiana granted the defendants’ motion for summary judgment and dismissed the plaintiffs claims with prejudice.
See Dantzler v. Pope,
Civ. No. 08-3777 (E.D.La. July 22, 2009), Order at 2. The Fifth Circuit affirmed the Eastern District of Louisiana’s ruling in November 2002, and in May 2003, the United States Supreme Court denied the plaintiffs petition for writ of certiorari.
Id.; see also Dantzler v. City of Hammond, La.,
In October 2003, the plaintiff filed a petition for a writ of mandamus in Louisiana state court against the City of Hammond, seeking to compel the Hammond Fire and Police Civil Service Board to hold a hearing regarding the plaintiffs termination.
See generally Dantzler v. Hammond Fire & Police Civil Serv. Bd.,
In June 2006, the plaintiff filed a third cause of action, his second in the Eastern District of Louisiana, “alleging that the defendants had violated a federal court order in which the Hammond Civil Service Board agreed to timely hold hearings with respect to grievances of [HPD] employees.”
Dantzler v. Pope,
Civ. No. 08-3777, (E.D.La. July 23, 2009), Order at 2-3 (providing a detailed overview of the procedural history of this case (citing
Dantzler v. Pope,
Civ. No. 06-2817 (E.D.La.2006))).
In December 2006, the plaintiff commenced a fourth lawsuit in the Louisiana state court against the City of Hammond, its Council, the HPD, the Hammond Municipal Fire and Police Civil Service Board and several other defendants who worked for these and other organizations in both their individual and official capacity.
See generally Dantzler v. Montecino,
Civ. No. 06-10924 (E.D.La.2006), Dec. 1, 2006 Compl. The December 2006 action was removed to the Eastern District of Louisiana, where Judge Feldman presided over the matter again.
Id.
Judge Feldman warned the plaintiff that he should refrain from “wasting the Court’s time by repeatedly filing baseless motions, followed by filing frivolous motions questioning the Court’s denial of prior baseless motions.”
Dantzler v. City of Hammond Councilmen,
On December 14, 2007, the plaintiff filed a fifth lawsuit in the Eastern District of Louisiana, alleging wrongful termination and failure to timely conduct a civil service hearing. Dantzler v. Pope, Civ. No. 08-3777, (E.D.La. July 22, 2009), Order at 2-3 (citing Dantzler v. Pope, Civ. No. 07-9516 (E.D.La.2007)). In June 2008, the plaintiff commenced a sixth lawsuit in the Eastern District of Louisiana, alleging a conspiracy among the judiciary to conceal facts regarding his termination from HPD and his denial of a civil service hearing. See Dantzler v. Pope, Civ. No. 08-3777, (E.D.La. July 22, 2009), Order at 2-3 (citing Dantzler v. Pope, Civ. No. 08-3777 (E.D.La.2008)). The plaintiffs seventh lawsuit, again related to his termination, alleged a conspiracy among the judiciary to violate the plaintiffs constitutional rights. Id. (citing Dantlzer v. Africk, Civ. No. 09-3703 (E.D.La.2009)). The plaintiffs eighth lawsuit related to his termination alleged that various federal agencies and the state and federal courts of Louisiana deprived him of his due process and equal protection rights as guaranteed by the Fourteenth Amendment. Id. (citing Dantlzer v. Equal Emp’t Opportunity Comm’n, Civ. No. 09-4246 (E.D.La.2009)). All of these cases were assigned to Judge Lance M. Africk. See generally id.
After dismissing the plaintiffs sixth action on the basis of a failure to state a claim, Judge Africk ordered that the plaintiff refrain from filing any additional complaints or proceedings against the defendants in that case without written permission from the court.
5
See generally id.
(providing a detailed overview of the procedural history of this case). On July 22, 2009, Judge Africk further “enjoined [the
B. Procedural History
Since the issuance of Judge Africk’s July 2009 order, the plaintiff has commenced three actions in this courthouse. See generally Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. Action No. 09-2147; Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. No. 09-2149; Dantzler v. Tangipahoa Parish Sheriffs Office, Civ. No. 10-0349.
The plaintiffs first suit alleges wrongful termination and racial discrimination in violation of Title VII, as well as various other claims arising from his dismissal from the HPD. 7 See Dantzler v. Equal Emp’t Opportunity Comm’n., Civ. No. 09-2147 (D.D.C. 2009), Compl. at 6-25. More specifically, the plaintiff contends that the defendants violated his First and Fourteenth Amendment rights by discriminating against him both before and after his dismissal, and that the defendants denied him equal protection and due process by thwarting his opportunity to have a civil service hearing following his dismissal from the HPD. Id. at 36-37. He also claims that the HPD, the Civil Service Board, the City of Hammond’s attorneys, his own prior counsel, and individuals associated with the HPD acted fraudulently and in furtherance of a conspiracy by withholding evidence relevant to his civil service hearing. Id. at 9-13, 15-22, 35-36. The plaintiff alleges that the judges and judicial officers who presided over his pri- or cases conspired with prior counsel and Hammond’s attorneys to deny him a fair hearing. Id. at 23-35. Finally, the plaintiffs claims against some federal agencies and their respective officers stem from his unsuccessful attempts to have them investigate his conspiracy allegations, and from their purported participation in the alleged conspiracy. Id. at 38-41.
In his second suit, the plaintiff has filed a petition for a writ of mandamus, seeking an order to enjoin the defendants from committing any future discrimination against the plaintiff, to overturn the prior dismissals of the plaintiffs case in the District Court for the Eastern District of Louisiana and in the Fifth Circuit and finally, to require that all of the judges who previously heard his case recuse themselves from future litigation.
Dantzler v. Equal Emp’t Opportunity Comm’n,
Lastly, the plaintiff filed a third complaint on March 2, 2010 against his former attorneys and their firm, and against the FBI, FBI Special Agent David Welker, members of the Tangipahoa Parish Sheriffs Office, the EEOC and the Office of the United States Attorney General. See generally Dantzler v. Tangipahoa Parish Sheriff’s Office, Civ. Action No. 10-0349 (D.D.C.2010), Compl. The plaintiff alleges that these defendants conspired to conceal the employment discrimination and retaliation treatment that he suffered as a result of his termination from the HPD, and thereby requests relief pursuant to, inter alia, Title VII, 42 U.S.C. § 1983 and 18 U.S.C. §§ 1961-68. Id. at 6,10-11.
In each of the plaintiffs cases before this court, the defendants have filed motions to dismiss. See generally Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. Action No. 09-2147, Federal Defs.’ Mot. to Dismiss, Non-Federal Defs.’ Mot. to Dismiss; Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. Action No. 09-2149, Federal Defs.’ Mot. to Dismiss; Dantzler v. Tangipahoa Parish Sheriffs Office, Civ. Action No. 10-0349, Federal Defs.’ Mot. to Dismiss. The plaintiff, for his part, moves for appointment of counsel in all three actions. See generally Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. Action No. 09-2147, Pl.’s Mot. to Appoint Counsel; Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. Action No. 09-2149, Pl.’s Mot. to Appoint Counsel; Dantzler v. Tangipahoa Parish Sheriffs Office, Civ. No. 10-0349, Pl.’s Mot. to Appoint Counsel. With the parties’ motions ripe for adjudication, the court now turns to the applicable legal standards and the parties’ arguments.
III. ANALYSIS
A. The Court Denies the Plaintiffs Motions for Appointment of Counsel
As noted above, the plaintiff requests the appointment of counsel in the three cases pending before this court. See id. The defendants do not provide any response.
Under Title VII, a plaintiff may submit an application requesting that the court appoint an attorney “in such circumstances as the court may deem just.” 42 U.S.C. § 2000e — 5(f)(1);
see also Hilliard v. Volcker,
The plaintiff fails to provide the court with any information that addresses the factors articulated by the Circuit in
Poindexter. See id.
He has not, for instance, demonstrated that he is unable to afford an attorney.
See generally Dantzler v. Equal Emp’t Opportunity Comm’n,
Civ. Action No. 09-2147, Pl.’s Mot. to Appoint Counsel;
Dantzler v. Equal Emp’t Opportunity Comm’n,
Civ. Action No. 09-2149, Pl.’s Mot. to Appoint Counsel;
Dantzler v. Tangipahoa Parish Sheriff's Office,
Civ. No. 10-0349, Pl.’s Mot. to Appoint Counsel. Nor is this court persuaded that the plaintiffs case is meritorious; indeed, the court’s review of the plaintiffs past unsuccessful actions and their factual and legal similarity to his current claims suggest otherwise.
See, e.g., Dantzler v. City of Hammond,
No. 01-31449,
Additionally, the plaintiff has given no indication as to whether he has diligently searched for counsel.
See Poindexter,
B. The Court Grants the Defendants’ Motions to Dismiss
1. Legal Standard for Dismissal Due to an Existing Injunction Against a Vexatious and Abusive Litigant
It is “well settled that a court may employ injunctive remedies to protect the integrity of the courts and the orderly and expeditious administration of justice.”
Urban v. United Nations,
Additionally, “[a] court may dismiss a complaint filed by a vexatious litigant [that violates] an injunctive order entered by another court.”
Stick v. United States,
2. Judge Africk’s Order Enjoined the Plaintiff From Filing New Suits Related To His Termination from the HPD
The non-Federal defendants argue in their motion to dismiss that the actions before this court were commenced by the plaintiff in direct violation of Judge Africk’s July 22, 2009 order, which, as noted, enjoined the plaintiff from filing suits related to his termination from the HPD. 8 See Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. No. 09-2147, non-Federal Defs.’ Mot. to Dismiss at 9-10. These defendants urge the court to enforce Judge Africk’s injunction and dismiss the plaintiffs cases. Id. The plaintiff acknowledges that his suits contravene Judge Africk’s order, but suggests that the order should not apply because it was issued by the Eastern District of Louisiana. Pl.’s Opp’n at 19.
Judge Africk’s July 22, 2009 order “enjoined [the plaintiff] from submitting any further filings relating to [his] termination from the [HPD] unless the Court grants [him] leave to file upon a finding that his pleadings are neither frivolous nor vexatious.”
Dantzler v. Pope,
Civ. No. 08-3777 (E.D.La. July 22, 2009), Order at 7. This is
Notwithstanding Judge Africk’s injunctive order, the plaintiff has filed three cases in this court, all of which arise from his termination from the HPD.
See supra
Part II.B. The plaintiff concedes that he neither sought the court’s permission to file these actions nor received a court’s determination that his pleadings were non-frivolous or not vexatious.
See
Pl.’s Opp’n at 19 (acknowledging that the actions before the court were filed in violation of Judge Africk’s July 22, 2009 order). Moreover, the defendants in the instant cases were also named defendants in the plaintiffs prior cases.
See, e.g., Dantzler v. U.S. Equal Emp’t Opportunity Comm’n,
Civ. Action No. 09-4246 (E.D.La.2010), Jan. 27, 2010 Compl. at 3-10;
Dantzler v. Pope,
Civ. Action No. 08-3777 (E.D.La. 2009), Feb. 27, 2009 Am. Compl. at 4-13. Additionally, the court’s review of the plaintiffs current claims and his previous claims indicate that the plaintiffs current claims have all been previously litigated in the Louisiana courts and, as such, should be considered abusive.
See Sassower v. Barr,
Given the nearly identical nature of the claims, parties and remedies sought in the plaintiffs prior cases before the Eastern District of Louisiana and his cases currently pending before this court, the court determines that his cases were commenced in violation of Judge Africk’s July 22, 2009 order. Accordingly, the court declines to expend further judicial resources and dismisses the plaintiffs three actions.
See Stitch v. United States,
IV. CONCLUSION
For the foregoing reasons, the court denies the plaintiffs motions for appointment of counsel, and grants the defendants’ motions to dismiss this case. An Order consistent with this Memorandum Opinion is separately and contemporaneously issued this 16th day of September, 2011.
Notes
. The plaintiff has named more than 100 defendants in his three cases before this court. Those defendants that are affiliated with the federal government have collectively labeled themselves "the Federal Defendants.” For ease and clarity, the court also uses the terms "Federal Defendants” and "Non-Federal” defendants.
. Due to their significant factual and legal overlap, the court considers the defendants’ motions simultaneously.
. Because the plaintiff does not coherently detail the procedural and factual history of the claims before this court, the court takes judicial notice of the docket filings for those cases previously litigated by the plaintiff in the Eastern District of Louisiana, the United States Court of Appeals for the Fifth Circuit, the Louisiana Court of Appeal for the First Circuit and the Louisiana Supreme Court.
. It appears that the plaintiff additionally filed a judicial misconduct complaint against Judge Feldman which presumably caused him to recuse himself from the case. See Dantzler v. City of Hammond Councilmen, Civil Action No. 06-10924, Sept. 17, 2008 Order.
. The defendants in that case included the City of Hammond Councilmen, Debbie Pope, the City of Hammond, HPD, Hammond Municipal Force and Police Civil Service Board, Gus Fritchie III and McDonald Provosty.
See Dantzler v. Pope,
. Judge Africk’s injunctive order was also entered in the plaintiff's other pending cases. See Dantzler v. Montecino, Civ. No. 06-10924 (E.D.La. July 22, 2009), Order; Dantzler v. Equal Emp’t Opportunity Comm’n, Civ. No. 09-4246 (E.D.La. July 22, 2009).
. The plaintiff's complaint and his ''supplemental” complaint, which together are approximately 100 pages, do not clearly and succinctly state his claims. See generally Dantzler v. Equal Emp’t Opportunity Comm'n, Civ. No. 09-2147 (D.D.C. 2009), Nov. 12, 2009 Compl.; id., Jan. 25, 2010 Suppl. Compl.
. Although the Federal defendants do not expressly seek dismissal based on Judge Africk’s injunctive order, this court may
sua sponte
"dismiss as 'malicious' a complaint that [is] repetitious of previously decided claims.”
Sassower v. Barr,
