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Join the Discussion recordman 40 RecordSearch 20 investigator 20 harryd Locate verifications of divorce in Greenville County. Vinnedge v.
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Gibbs , F. Therefore, the court finds a summarily dismissal of Plaintiff's complaint against Defendant Wickensimer appropriate. See Clark v.
Dep't of Corr. App'x , 3d Cir. Plaintiff alleged that the "Plea of Court" stated the wrong charge on the indictment and unlawfully enhanced the charge at his plea. Plaintiff objected on the grounds that the Plea Clerk did not even know how to read the indictment correctly. Objections at 2.
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This court adopts the Magistrate Judge's recommendation because the law affords court personnel absolute immunity for acts that are "basic and integral parts of the judicial function. Houck , Fed. App'x , 4th Cir. Because the "Plea of Court's" reading of the indictment constituted an integral part of the judicial function, the Plaintiff's claim against this Defendant is dismissed. The Magistrate Judge recommended dismissal of the Plaintiff's claims against the two judges named as defendants, Judge Pyle and Judge Patterson. Plaintiff's complaint alleged that Judge Pyle accepted an illegal plea, never explained the right against compulsory self-incrimination, and never indicated that prior offenses would be used to enhance Plaintiff's sentence.
He alleged that Judge Patterson failed to grant relief in his post-conviction relief process. In his objections, Plaintiff argued that these judges abused their discretion by going along with misinformation provided by the police and prosecution simply because they were fighting crime. This court adopts the Magistrate Judge's recommendation because the law affords judges absolute immunity from a claim arising out of their judicial actions. Mireless v. Waco , U.
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Griffith , F. Therefore, Plaintiff's claims asserted against these Defendants are dismissed. The court had some difficulty understanding both Plaintiff's complaint and objections regarding Greenville County Sheriff's Department; in particular, whether Plaintiff intended to assert a claim against the sheriff's department in addition to Jerry Todd and James Ken Burris or just Mr. Todd and Mr. The Magistrate Judge interpreted Plaintiff's complaint to assert a claim only as against Mr.
Burris as employees of the Greenville County Sheriff's Department and recommended they be dismissed. Plaintiff alleges these defendants committed perjury during his trial Compl. Plaintiff never objected that the Magistrate Judge failed to address his claim against Greenville County Sheriff's Department, as he did his claims to the lawyers involved in his trial Objections at 2.
Therefore, this court agrees with both the Magistrate Judge's interpretation of Plaintiff's complaint and his recommendation for dismissal of these claims because police officers, as witnesses, have an absolute immunity in suits against them for money damages, even if they commit perjury. Briscoe v. LaHue , U. Miller , F.
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The Magistrate Judge recommended dismissing Plaintiff's claim against assistant solicitor John Newkirk. Plaintiff's complaint asserted that Newkirk prosecuted a case not made upon the evidence and prosecuted the case insufficiently. Objections at 1, 3. This court agrees with the Magistrate Judge's recommendation that Plaintiff's claims against the assistant solicitor be dismissed because prosecutors are absolutely immune from liability for damages based on their conduct that is associated with traditional prosecutorial activities.
Buckley v. Fitzsimmons , U. Therefore, the court dismisses the Plaintiff's complaint against Defendant Newkirk.
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Finally, Plaintiff objected that the Magistrate Judge failed to address his claims against "the lawyers. Clare, and his appellate defense attorney Susannah C. The court dismisses the claims against these Defendants because there is no state action on their part.
In order to prevail on his section claim, Plaintiff must prove 1 that he "has been deprived of a right, privilege or immunity secured by the Constitution or laws of the United States; and 2 that the conduct complained of was committed by a person acting under the color of state law. In Polk County v. Dodson , U.
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The Court held that "a public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding. Quillen , F. Office of Appellate Defense , F. Harris , F. Nor does a private attorney retained to represent a criminal defendant act under color of state law. Deas v. Potts , F.
John Abdalla and Aileen P. Clare are public defenders, and his appellate defense attorney, Susannah C. Ross, appears to have been appointed. Therefore, the court dismisses these Defendants from Plaintiff's lawsuit for want of state action. It is therefore ORDERED , for the foregoing reasons, that all of the Defendants to this action be dismissed without prejudice and without service of process.