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McBride v. Davis

United States District Court, Fifth Circuit

January 22, 2014

RICHARD McBRIDE, Plaintiff,
v.
KEITH DAVIS, Moss Point Police Chief, et al., Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT AND GRANTING DEFENDANTS' MOTION TO DISMISS BASED ON STATUTE OF LIMITATIONS

HALIL SULEYMAN OZERDEN, District Judge.

BEFORE THE COURT are two motions filed by Defendant City of Moss Point, Mississippi, and the individual Defendants, appearing in their official capacities only, Moss Point Police Chief Keith Davis, former Moss Point Police Chief Sheila Smallman, Moss Point Municipal Court Judge Maxcin Conway, Moss Point Police Detective Johnny Jefferson, Moss Point Police Detective "Unknown" Savage, former Moss Point Police Officer Joseph Michael Upchurch, Moss Point Police Officer Thomas Reynolds, former Moss Point Police Officer Terrance Gray, and former Moss Point Police Officer Tiffany Dees: (1) Defendants' Federal Rule of Civil Procedure 12(b)(6) Motion [12] to Dismiss, or in the Alternative, Motion for More Definite Statement; and (2) Defendants' Motion [13] to Dismiss Based on Statute of Limitations.

Plaintiff Richard McBride, who is proceeding pro se, has filed Responses [15, 16] to the Motions, and Defendants have filed Rebuttals [18, 19]. Though McBride did not seek the Court's permission to do so, he has filed Surrebuttals [20, 21] and an Amended Surrebuttal [22].[1] After consideration of the Motions [12, 13], the record, and relevant legal authorities, and for the reasons discussed below, the Court finds that Defendants' Motion [12] to Dismiss, or in the Alternative, Motion for More Definite Statement should be granted in part and denied in part and Defendants' Motion [13] to Dismiss Based on Statute of Limitations should be granted.

I. BACKGROUND

A. Procedural History

McBride, who has been a Plaintiff in at least six cases before this Court, [2] instituted this suit by filing a Complaint [1-2] on January 17, 2013, in the Circuit Court of Jackson County, Mississippi, against the City of Moss Point, Mississippi, eight current or former Moss Point law enforcement officers, and a Moss Point Municipal Court judge. On January 31, 2013, the City of Moss Point and the individual Defendants, appearing in their official capacities only, filed a Notice of Removal [1] to this Court on the basis of federal question jurisdiction. While McBride has sued the individual Defendants in their official and individual capacities, there is no evidence in the record to suggest that McBride has served the Defendants individually, as opposed to in their official capacities.[3] Summonses in the record were issued to Defendants "in The official capacity through the honor. Mayor of Moss Point...." Summonses [1-3][all sic in original].

The City of Moss Point and the individual Defendants, appearing in their official capacities only, seek dismissal of McBride's claims in their entirety, submitting that some of the claims McBride asserts are clearly time-barred, while the remainder should be dismissed for failure to state a claim. Defs.' Mot. [12] at pp. 2-3; Defs.' Mot. [13] at pp. 2-3. In the alternative, Defendants request that McBride be required to provide a more definite statement due to the "unclear and nonsensical" nature of his Complaint. Defs.' Mot. [12] at pp. 4-5.

B. McBride's Complaint

McBride begins his 19-page Complaint with the following summary, submitting that this

is an action for injunctive relief compensatory damages. Punitive damages, defemation damage, slander damages, false arrest, bullying, false imprisonment, negligent false rumors, reckless indiffer discrimination violation department regulation. Verbally harrasing defendants violation state law and federal law violation of Richard McBride civil right remedies guranteed to Plaintiff under the (1) First Amendment and (5) Fifth Amendment the (8) Amendment excessive bail Find Law (.2008B.NOLO.2008). (14) Fourteenth Amendment and (6) Six Amendment to United States

I.

The defendants actions described herein constitute violations state and federal amendments to the United States Constitution 42 U.S.C. 1983, 1981, and 1985 and title VII of violations arise from unlawful employment practices against plaintiff Richard McBride including Racial, Discrimination, acting under color of state law. Retaliation for participation in prior protest police injustice.

Pl.'s Compl. [1-2] at p. 2 [all sic in original].

Further claims, accusations, and legal "buzz words" scattered throughout McBride's Complaint are "Intentional, Malicious, willful, wanton, callous, and... reckless disregard for plaintiff Richard McBride rights... [under] the Fourth Amendment, " malice, gross negligence, "abuse of power by the police chief and the policies. Duress, coercion, fraud or mistake, " violating "department regulations, standards, practice, and/or policy, " "violat[ion of] the constitution 13 amendment against slavery, " "pattern and practice of willful and intentional discrimination against Richard McBride on the basis of his race and retaliation for Bias and prejudice, " conspiracy, extortion, "Reckless indifference willful intent, " "failure to conduct due diligence to be a form of negligence, " bullying, harassment, "racial slurs, ""malicious humiliation police tactic call subject profiling, " corruption, "recketeering scheme on the citizen of Moss Point, Ms. by filing false charge, " and "Emotional injury Damages for Stress, Trauma, and Emotional Distress caused by defendant's conduct." Id. at pp. 8-19. McBride requests $2.5 million dollars in damages, injunctive relief in the form of "expungement of all law enforcement records related to this incident, " nonspecific declaratory relief, fees for attorneys and experts, and court costs. Id. at p. 19. McBride references claims in his Responses [15, 16] that he did not plead in his Complaint. Claims not pleaded in a Complaint are not properly before the Court, and McBride's unpleaded claims will be disregarded.

According to his Complaint, McBride's primary grievance surrounds his January 15, 2012, arrest and imprisonment for alleged aggravated domestic violence against his wife Blondine McBride and purported attempt to intimidate her from testifying as a witness against him. Pl.'s Compl. [1-2] at pp. 7-14; Abstracts of Court Records [15-4, 15-5]. McBride was imprisoned upon his arrest and released on bond a day or two later. Pl.'s Compl. [1-2] at pp. 7, 10; Abstracts of Court Records [15-4, 15-5]. On October 22, 2012, a Jackson County, Mississippi, grand jury indicted McBride for allegedly violating Mississippi Code section 97-9-55 by "threatening to cause physical injury to the said Blondine McBride if she contacted the police." True Bill [15-3]. On July 30, 2013, the State of Mississippi dropped this charge against McBride because "the victim does not wish to pursue the case to trial... and the victim will not assist the State." Entry of Nolle Prosequi [15-6].

McBride contends that on January 16, 2012, the day after his arrest, he retrieved his belongings and was in the process of being released on bond when Detective Johnny Jefferson and Detective "Unknown" Savage stopped him and held him on orders from Moss Point Chief of Police Keith Davis, who purportedly wanted to talk to McBride. Pl.'s Compl. [1-2] at p. 7. McBride alleges that Detectives Jefferson and Savage and "the black female" "put [him] in slavery" by handcuffing him to the wall for five or six hours and then moving him to another room where he was chained to a table until Chief Davis arrived. Id. at p. 8. McBride asserts that when Chief Davis arrived, he falsely accused McBride of "pull[ing] a gun on him in his office." Id. at p. 9. McBride claims that Chief Davis "drew his gun twice" on McBride, "intimadating [sic] a prisoner with deadly force." Id.

According to McBride, Chief Davis talked to Detectives Jefferson and Savage and to Moss Point Municipal Judge Maxcin Conway, and together these Defendants conspired to falsely accuse McBride of having "multiple counts of domestic violence." Id. McBride maintains that this allegedly false accusation resulted in Judge Conway setting McBride's bond at $85, 000, which McBride contends was excessive and violated the Eighth Amendment to the United States Constitution. Pl.'s Compl. [1-2] at p. 10; Abstracts of Court Records [15-4, 15-5]. McBride alleges that Detectives Jefferson and Savage made false statements against him at the bail hearing, and Judge Conway "improperly discuss[ed] [his] case in open court." Pl.'s Compl. [1-2] at p. 10. McBride claims that Chief Davis, Detective Jefferson, Detective Savage, and Judge Conway conspired to defame him, extort him through excessive bail, violate his right to equal protection, and retaliate against him because he had filed criminal charges against police officers to "protest police injustice." Pl.'s Compl. [1-2] at pp. 2, harassing him while Gray transported McBride to the Jackson County Adult Detention Center. Pl.'s Compl. [1-2] at p. 17.

McBride admits that, on or around January 15, 2012, his wife Blondine "went to Singing River Hospital to check on her back. She fell up against the weigh bench. The weight bench has cords. My wife believe or thought I Richard McBride had hit her." Id. at p. 12 [all sic in original]. After she was treated and released from the hospital, Blondine went home and was apparently questioned by Detectives Jefferson and Savage. Id. at pp. 12-13. McBride accuses Detective Jefferson of making false statements about McBride to Blondine and intimidating Blondine in such a way that she left the McBride home to stay at a women's shelter in New Orleans, Lousiana. Id. at p. 12. McBride claims that Detective Jefferson's "failure to conduct due diligence to be a form of negligence." Id. McBride accuses Detective Savage of making false statements about McBride to Blondine in order to coerce and "brain wash[]" her into "l[ying] [a]bout her husband Rev. Richard McBride." Id. at pp. 13-14.

The remaining allegations in McBride's Complaint are unrelated to his January 15, 2012, arrest. These claims surround purported conduct between the years of 2007 to 2011 by former Moss Point Police Chief Sheila Smallman and former or current Moss Point Police Officers Thomas Reynolds, Tiffany Dees, Joseph Michael Upchurch, and Terrance Gray. Id. at pp. 15-19.

McBride accuses Officer Reynolds of false arrest, false imprisonment, and defamation in connection with "switched tag Case No. 2011050050... [and] [n]o proof of Insuarance [sic] Case No. 2011050068." Pl.'s Compl. [1-2] at p. 15. Attached to one of his Responses, McBride has submitted documents from the Moss Point Municipal Court, which indicate that on August 9, 2011, two petty misdemeanor charges against McBride for "switched tag" and "no proof of insurance" were dismissed upon Officer Reynold's request. Dismissals [15-1]. The charge for "no proof of insurance" was dismissed after McBride presented proof of insurance. Id. at p. 2.

Regarding Chief Smallman and Officers Dees, Upchurch, and Gray, McBride's Complaint provides:

Tiffany Dees False Arrest Richard McBride charge of False pretense 2007 or 2008. ...

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