United States District Court, S.D. Mississippi, Northern Division
MEMORANDUM OPINION AND ORDER OF DISMISSAL
CARLTON W. REEVES, District Judge.
This case is before the Court, sua sponte, for consideration of dismissal. Pro se Plaintiff Dana Morrelle Easterling is incarcerated with the Mississippi Department of Corrections, and he brings this action for damages and injunctive relief, challenging his parole revocation. The Court has considered and liberally construed the pleadings. As set forth below, this case is dismissed.
Easterling alleges that on December 28, 2011, he was driving in Magee, Mississippi, when he was pulled over by Defendant Officer Landon Ates. Ates claimed that Easterling had failed to signal a left turn. Easterling apparently disputes this. Once stopped, Easterling told Ates that Easterling's driver's license was suspended. He was not placed under arrest. Instead, Easterling contends that Ates then searched Easterling's car without probable cause, a warrant, consent, and not incident to an arrest. According to the Complaint, Ates then falsely claimed to find six grams of cocaine under the vehicle's gear shift. Easterling claims there were no drugs in the vehicle and that he never saw the drugs that Ates purported to find. Defendant Officer Mike Williams arrived during the search and then "sent the drugs to the MS crime lab." (Compl. at 5). Easterling was arrested for possession of drugs.
On February 16, 2012, Easterling's parole was revoked based on this incident, for possession of drugs. He was sent to prison and had to serve the remainder of his term, from December 28, 2011, to July 13, 2013, in prison, as a result.
Easterling was also indicted, in September of 2012, in a separate criminal case for the alleged possession of drugs. Once he completed his parole revocation sentence, he was returned from prison to the Simpson County Detention Center. Here, he was released on bond and appointed an attorney. The prosecution eventually dismissed the indictment on September 8, 2013, because of "insufficiency of the evidence." Id. at 7. Easterling claims this was because Ates had perjured himself at the parole revocation hearing.
Easterling filed the instant action on July 8, 2014. He claims that Ates illegally stopped him, illegally searched his vehicle, then planted cocaine and falsely accused him of possession. Easterling contends that Ates repeated this false testimony at the parole revocation hearing and at the grand jury proceedings. Easterling sues Williams for sending the drugs to the crime lab. Easterling also sues the City of Magee, as the employer for the two police officers. He asks that his parole revocation be expunged and that he be awarded compensatory damages for the false arrest and time in incarceration.
The Prison Litigation Reform Act of 1996, applies to prisoners proceeding in forma pauperis in this Court. One of the provisions reads, "the court shall dismiss the case at any time if the court determines that... the action... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B). The statute "accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless." Denton v. Hernandez, 504 U.S. 25, 32 (1992). "[I]n an action proceeding under [28 U.S.C. § 1915, a federal court] may consider, sua sponte, affirmative defenses that are apparent from the record even where they have not been addressed or raised." Ali v. Higgs, 892 F.2d 438, 440 (5th Cir. 1990). "Significantly, the court is authorized to test the proceeding for frivolousness or maliciousness even before service of process or before the filing of the answer." Id. The Court has permitted Easterling to proceed in forma pauperis in this action. His Complaint is subject to sua sponte dismissal under § 1915.
A civil action that challenges the fact or duration of a conviction or sentence "is barred (absent prior invalidation)... if success in that action would necessarily demonstrate the invalidity of confinement or its duration." Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005). In such a case, a plaintiff "must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a... tribunal authorized to make such a determination, or called into question by a federal court's issuance of a writ of habeas corpus." Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Where success on the claim "will not necessarily imply the invalidity of confinement or shorten its duration, " then the action may proceed. Wilkinson, 544 U.S. at 82. Heck applies to parole revocations. Littles v. Bd. of Pardons & Paroles Div., 68 F.3d 122, 123 (5th Cir. 1995).
Easterling claims he was unlawfully stopped, his car was unlawfully searched, and the drugs were planted. His claim that the drugs were planted on him obviously calls into question the validity of his parole revocation for possession of those drugs. He insists that he never possessed the drugs. If the Court were to agree, it would necessarily follow that his parole revocation is invalid.
The Court must next consider the Fourth Amendment seizure and search claims. "It is well established that a claim of unlawful arrest, standing alone, does not necessarily implicate the validity of a criminal prosecution following the arrest. Mackey v. Dickson, 47 F.3d 744, 746 (5th Cir. 1995). Heck itself recognized that a claim for an:
unreasonable search may lie even if the challenged search produced evidence that was introduced in a state criminal trial resulting in the § 1983 plaintiff's stilloutstanding conviction. Because of doctrines like independent source and inevitable discovery, and especially harmless error, such a § 1983 action, even if successful, would not necessarily imply that the plaintiff's conviction was unlawful.
Heck, 512 U.S. at 487 n.7 (citation omitted). There are some circumstances in which an unreasonable search or seizure claim may necessarily imply the invalidity of the conviction, however. Jackson v. Vannoy, 49 F.3d 175, 177 (5th Cir. 1995); Mackey, 47 F.3d at 746. See also, ...