Bradley v. Mason

833 F. Supp. 2d 763, 2011 WL 2470297, 2011 U.S. Dist. LEXIS 64877
CourtDistrict Court, N.D. Ohio
DecidedJune 20, 2011
DocketCase No. 1:11 CV 17
StatusPublished
Cited by7 cases

This text of 833 F. Supp. 2d 763 (Bradley v. Mason) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Mason, 833 F. Supp. 2d 763, 2011 WL 2470297, 2011 U.S. Dist. LEXIS 64877 (N.D. Ohio 2011).

Opinion

MEMORANDUM OF OPINION AND ORDER

SOLOMON OLIVER, JR., Chief Judge.

Pro se Plaintiffs James Bradley and Robert Davis filed this action under 42 U.S.C. § 1983 against Cuyahoga County Prosecutor William D. Mason, Cuyahoga County Sheriff Bob Reid and Cuyahoga County Jail Warden Ronald L. Shobert. In the Complaint, Plaintiffs assert multiple causes of action pertaining to their convictions and conditions of confinement. They seek monetary damages.

I. Background

The Complaint is divided into nine claims. Each claim is based on distinct factual allegations. The first claim pertains to Mr. Bradley. He states he turned himself in to the Euclid Police Department [766]*766on April 17, 2010 and served a 90 day jail sentence. While he was in jail, he was indicted in the Cuyahoga County Court of Common Pleas on multiple felony charges in three separate criminal cases. Mr. Bradley remained in jail pending trial on these charges. During his detention, he made several telephone calls to his former spouse. He later was told by his attorney that his telephone calls were monitored by jail authorities. He claims the contents of those conversations were used against him in one of the criminal cases. Mr. Bradley asserts this is a violation of the Privacy Act.

The second claim also pertains to Mr. Bradley. He claims he contracted Methicillin Resistent Staphlococcus Aureus (“MRSA”) on August 3, 2010 in a shower in the Cuyahoga County jail. He reported his symptoms to an officer who called medical personnel. Mr. Bradley was immediately taken to the medical department and reclassified to that unit. He was given intravenous antibiotics and topical wound care. He remained in the medical ward for approximately forty-five days. Upon his release to the general jail population, he was returned to his former housing unit. He states the showers were “not cleaned afterwards.” (Compl. at 5.) Although doctors have assured him the infection is gone, his leg still becomes numb at times. He questions whether the infection is truly cured.

In the third claim, Plaintiffs generally assert deprivation of their Sixth and Fourteenth Amendment rights. They indicate they were denied due process in their criminal cases when their respective attorneys requested continuances of their cases without obtaining their consent. They assert it also led to denial of the right to speedy trial when the continuance was granted by the court.

Plaintiffs’ fourth and fifth claims also assert a denial of due process in connection with a criminal proceeding. In the fourth claim, Plaintiffs contend they were denied due process when them attorneys waived the preliminary hearings. They assert they were denied the right to confront witnesses because this hearing was not held. In the fifth claim, they assert they were “over indicted” and charged with offenses in later indictments which were not included in the original indictment. They allege this is a tactic used by prosecutors to confuse defendants and keep them from preparing an intelligent defense. They state they were not present in court for most scheduled court dates. Finally, they contend the indictments did not contain the seal of Ohio and were not signed by the Prosecutor with his full legal name, thereby making them invalid.

Plaintiffs’ sixth claim challenges the jail’s removal of the law library. They allege inmates are unable to conduct research to assist in their defenses, and cannot represent themselves if they choose to do so. They assert that this can result in a denial of due process. They claim other counties maintain a law library for detainees, and they were denied equal protection of the law.

In the seventh claim, Plaintiffs contend defense attorneys are forced to deny due process to their criminal clients. They allege attorneys fear reprisals from Mr. Mason if they zealously represent their clients.

Plaintiffs’ eighth claim pertains to conditions within the Cuyahoga County Jail. Plaintiffs indicate cells originally designed to hold a single inmate often hold two inmates. One inmate sleeps on a mattress on the floor. They allege injuries could occur if an inmate trips over bedding. They claim the common areas in the hous[767]*767ing units do not contain sufficient seating for all of the inmates, so they must eat their meals in their cells. Plaintiffs allege this is an unsanitary practice because each of the cells also contains a toilet. They also contend spoons and trays are not sterilized after each use.

Finally, in their ninth claim, Plaintiffs generally assert the criminal justice system in the United States discriminates against African Americans in arrest, confinement, charging disparities, and plea bargaining. They indicate these violations have “remained constant” from 2000-2010. (Compl. at 11.)

II. Standard for Dismissal

Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365, 102 S.Ct. 700, 70 L.Ed.2d 551 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the district court is required to dismiss an informa paivperis action under 28 U.S.C. § 1915(e) if it lacks an arguable basis in law or fact, or if it fails to state a claim upon which relief can be granted.1 Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir.1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir.1996). A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327, 109 S.Ct. 1827. A cause of action fails to state a claim upon which relief may be granted when it lacks “plausibility in the complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). The factual allegations in the pleading “must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the Complaint are true (even if doubtful in fact).” Bell Atl. Corp., 550 U.S. at 555, 127 S.Ct. 1955. The Plaintiff is not required to include detailed factual allegations, but must provide more than “an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 129 S.Ct. at 1949. A pleading that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet this pleading standard Id. In reviewing a Complaint under this standard, the Court must construe the pleading in the light most favorable to the Plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir.1998).

III. LAW AND ANALYSIS

A. Parties

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Bluebook (online)
833 F. Supp. 2d 763, 2011 WL 2470297, 2011 U.S. Dist. LEXIS 64877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-mason-ohnd-2011.