United States District Court, S.D. Mississippi, Southern Division
MEMORANDUM OPINION AND ORDER OF DISMISSAL
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
matter is before the Court sua sponte. Pro se Plaintiff
Ricardo Bryan Newsome is incarcerated with the Mississippi
Department of Corrections (“MDOC”), and he brings
this action pursuant to 42 U.S.C. §§ 1983 and 1985,
challenging his arrest, conviction, sentence, and conditions
of confinement. For the reasons set forth below, this case
will be dismissed.
February 22, 2018, Newsome was convicted of burglary in the
Circuit Court of Harrison County, Mississippi, and was
sentenced to serve a twenty-five year term of imprisonment in
the custody of MDOC. Pl.'s Resp. Ex. [12-1] at 4. Newsome
was transferred to MDOC on April 3, 2018. Compl.  at 5. In
this lawsuit, Newsome has named twenty-eight Defendants who
are various actors alleged to have been involved in
Newsome's arrest, detention, and conviction: the State of
Mississippi; the Harrison County Adult Detention Center; the
Circuit Court of Harrison County; the Gulfport, Mississippi,
Police Department; state prosecutors; the grand jury
foreperson; judges; the criminal defense team; police
officers; the Circuit Court Clerk; trial witnesses; and
county correctional officers. Id. at 2-3, 14-15.
claims he was arrested by the Gulfport Police Department on
January 9, 2017, id. at 5, but that Defendant Judge
Brandon Ladner had not signed the arrest warrant,
id. at 19. Newsome faults Defendants Detective Jerry
Birmingham and Sergeant Wayne Payne for arresting him without
a signed warrant or without probable cause, id. at
23-24, and Birmingham allegedly did not read Newsome his
rights or question him, id. at 23. Newsome contends
Birmingham also did not have witnesses sign their statements
and falsified those statements in his investigative report
“to accommodate his action or action[s] done in
court.” Id. at 18. Newsome maintains that
Defendant Lieutenant Matt Thomas approved Birmingham's
report, id. at 19, and that the Gulfport Police
Department is vicariously liable for the actions of its
employees, id. at 21.
next accuses the State and the Circuit Court of convicting
him in violation of due process. Id. at 5-6, 16.
First, Newsome asserts that Defendants District Attorney Joel
Smith, Grand Jury Foreperson Kim Reinike, and Circuit Court
Clerk Connie Ladner improperly indicted him because the
indictment was filed outside the grand jury's term.
Id. at 16-18. Newsome contends that Detective
Birmingham “[a]lso sign[ed] off on improper
indictment.” Id. at 18. It is not clear if
Birmingham is accused of presenting the alleged falsified
statements to the grand jury or to the trial jury.
Id. Next, Newsome claims the trial jury was biased
because some jurors had served on other criminal cases when
the “D.A. office wanted guilty verdicts.”
Id. at 21. Newsome further alleges that Defendant
Assistant District Attorney Christopher D. Carter spoke with
Defendant witnesses Richard Allen Tobey, Terry Tolar,
Jasamine Sales, and Wiberth Cardona and either
“cohersed [sic], ” or conspired with them to
provide false trial testimony. Id. at 17-19.
next alleges that Defendant Judges Melvin Ray and Louise
Ladner failed to correct alleged discovery violations and
that Judge Ladner was aware “the date on initial
appearance was change[d] and she failed to correct it.”
Id. at 20, 24. The actual trial judge, Defendant
Judge Roger Clark, is accused of allowing misconduct by
Plaintiff's criminal trial counsel, preventing
“group voir dire” (which allegedly prohibited the
selection of an impartial jury), and issuing an illegal
sentence. Id. at 17. Newsome claims the Circuit
Court had no personal jurisdiction over him, rendering his
conviction and sentence void, id. at 21, and that
the allegedly void conviction and sentence rendered his
detention in the County Detention Center illegal,
also accuses employees of the Public Defender's office of
causing his alleged illegal conviction. Specifically, Newsome
alleges that Defendant attorney Geoffery Germany represented
him at the preliminary hearing and failed to object to the
indictment, id. at 20, and that his criminal trial
attorney, Defendant Theressia A. Lyons, conspired with Carter
to admit evidence of prior bad acts, id. at 17.
Lyons is also accused of revealing privileged information to
Detective Birmingham, which Newsome maintains prevented him
from taking the witness stand in his own defense.
Id. at 18. Lyons also purportedly failed to object
to the dismissal of a prospective juror, to the
prosecutor's alleged insult about Newsome, and to the
lack of group voir dire. Id. at 18, 20. Finally,
Lyons is accused of implicating Newsome's guilt in a
post-judgment motion. Id. at 18.
defense counsel Lisa Collins, who is said to have co-chaired
at trial, allegedly witnessed Lyons's supposed
inadequacies but did not correct them, and also failed to
object to the absence of group voir dire. Id. at 18,
20. Newsome further claims that Defendant Damon Reese, the
investigator for the Public Defender's office, was made
aware of the alleged discovery violations, the unsigned
arrest warrant and witness statements, the false
investigation report, and the improper indictment but failed
to report them. Id. at 23. Defendant Public Defender
Glenn Rishel allegedly filed discovery motions on
Newsome's behalf, even though Rishel was not appointed to
represent Newsome. Id. at 18. Newsome claims some of
the discovery was tampered with, and he cannot exclude Rishel
as the culprit “pending investigation.”
from Newsome's conviction, the Complaint also challenges
the conditions of his confinement, claiming his mail was
censored and he was denied access to the courts by the
Detention Center and Defendants Sergeant Richards and Officer
Nebbles, its employees. Id. at 16, 19.
Defendants police officer Kyle Luber and prosecutor Herman
Cox purportedly “decided to engage in misconduct that
posed pervasive and unreasonable risk of constitutional
violation and injury to” Newsome, because they did not
prevent the misconduct of others. Id. at 20, 25. Cox
is accused of not correcting the prosecutors' alleged
violations. Id. at 25.
initiated this civil action on May 24, 2018, specifically
invoking 42 U.S.C. §§ 1983 and 1985. On July 11,
2018, Newsome moved to voluntarily dismiss Judges Ray,
Brandon Ladner and Louise Ladner; Officer Luber; and his
claims related to his mail and denial of access to courts.
Pl.'s Resp.  at 2. Plaintiff seeks release and
“any relief this honorable Court deems
necessary.” Compl.  at 6.
The Prison ...