IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Jerome S. Garcia, ) C/A No.: 3:24-38-MGL-SVH ) Plaintiff, ) ) v. ) ) ORDER AND NOTICE South Carolina Department of ) Public Safety and Trooper Wayne ) Davidson, ) ) Defendants. ) )
Jerome S. Garcia (“Plaintiff”), proceeding pro se and in forma pauperis, filed this complaint pursuant to 42 U.S.C. § 1983 against the South Carolina Department of Public Safety (“SCDPS”) and Trooper Wayne Davidson (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(d) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. I. Factual and Procedural Background Plaintiff filed a complaint that contains no factual allegations. He refers to an attachment, but no document is attached to his filing. [ECF No. 1]. He also filed a motion for injunctive relief that appears to contain the factual allegations related to his complaint. Out of an abundance of caution, the undersigned addresses the allegations, but notes that any amended complaint must be complete in itself.
Plaintiff alleges he was in a car accident on June 26, 2019.1 He alleges the driver of a white Camaro, whom he alleges was a cop, rear-ended him. Plaintiff claims the state trooper who arrived at the accident found the Camaro driver at fault for the accident, but Plaintiff was charged with failure to have
a valid driver’s license or insurance. Specifically, Plaintiff states: [F]inally the trooper found the cop liable and at fault for the accident, and damage to the Plaintiffs private property, but because the CPD supervisors, and him being a cop found at fault, the Plaintiff clearly believes it was a plan to retaliate against the plaintiff, because the Plaintiff did not have a valid Drivers License, and insurance due to an unlawful child support order that is still to this date hasn't went in any form of due process, or fair hearing.
[ECF No. 4 at 9]. Plaintiff further claims “The Trooper Wayne Davidson proceeds and refuses to give out any information about the cop who was [cited] at fault causing me no avenue to redress my property damages.” [ECF No. 4 at 10].2 Plaintiff requests this court overturn the judgment against him.
1 It appears this case may be subject to dismissal based on the statute of limitations. 2 It appears, but is not completely clear, that Trooper Davidson was also the investigating trooper. II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss
a case upon a finding that the action fails to state a claim on which relief may be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim
based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2)(B). , 490 U.S. 319, 327 (1989). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se
complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction
afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should do so. A federal court is charged with liberally construing a complaint filed by a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007).
The requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts that set forth a claim currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally
construe a pro se complaint, the United States Supreme Court has made it clear a plaintiff must do more than make conclusory statements to state a claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain
sufficient factual matter, accepted as true, to state a claim that is plausible on its face, and the reviewing court need only accept as true the complaint’s factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. Only Persons Can Be Sued Pursuant to § 1983
It is well-settled that only persons may act under color of state law; therefore, a defendant in a § 1983 action must qualify as a person. 42 U.S.C. § 1983; ., 436 U.S. 658, 690 n.55 (1978) (noting that for purposes of § 1983, a person includes individuals and bodies politic and corporate). Courts have held that inanimate objects such as buildings, facilities, and grounds are not considered a person and do not act under color of state law. , No. 8:10- 2988-JMC, 2011 WL 2066551, at *1 (D.S.C. May 26, 2011) (finding that the
plaintiff failed to establish that the Lexington County Detention Center, “as a building and not a person, is amenable to suit under § 1983”). In this case, Plaintiff names SCDPS, which is a department and not a person. Because SCDPS is not a person amenable to suit under § 1983, it is subject to summary
dismissal. 2. The doctrine Under the doctrine, this court may not review findings or rulings made by state courts. , 263 U.S. 413
(1923); , 460 U.S. 462, 476 (1983) (holding that a federal district court lacks authority to review final determinations of state or local courts); , 122 F.3d 192, 199 (4th Cir. 1997). The doctrine extends not only to
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Jerome S. Garcia, ) C/A No.: 3:24-38-MGL-SVH ) Plaintiff, ) ) v. ) ) ORDER AND NOTICE South Carolina Department of ) Public Safety and Trooper Wayne ) Davidson, ) ) Defendants. ) )
Jerome S. Garcia (“Plaintiff”), proceeding pro se and in forma pauperis, filed this complaint pursuant to 42 U.S.C. § 1983 against the South Carolina Department of Public Safety (“SCDPS”) and Trooper Wayne Davidson (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(d) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. I. Factual and Procedural Background Plaintiff filed a complaint that contains no factual allegations. He refers to an attachment, but no document is attached to his filing. [ECF No. 1]. He also filed a motion for injunctive relief that appears to contain the factual allegations related to his complaint. Out of an abundance of caution, the undersigned addresses the allegations, but notes that any amended complaint must be complete in itself.
Plaintiff alleges he was in a car accident on June 26, 2019.1 He alleges the driver of a white Camaro, whom he alleges was a cop, rear-ended him. Plaintiff claims the state trooper who arrived at the accident found the Camaro driver at fault for the accident, but Plaintiff was charged with failure to have
a valid driver’s license or insurance. Specifically, Plaintiff states: [F]inally the trooper found the cop liable and at fault for the accident, and damage to the Plaintiffs private property, but because the CPD supervisors, and him being a cop found at fault, the Plaintiff clearly believes it was a plan to retaliate against the plaintiff, because the Plaintiff did not have a valid Drivers License, and insurance due to an unlawful child support order that is still to this date hasn't went in any form of due process, or fair hearing.
[ECF No. 4 at 9]. Plaintiff further claims “The Trooper Wayne Davidson proceeds and refuses to give out any information about the cop who was [cited] at fault causing me no avenue to redress my property damages.” [ECF No. 4 at 10].2 Plaintiff requests this court overturn the judgment against him.
1 It appears this case may be subject to dismissal based on the statute of limitations. 2 It appears, but is not completely clear, that Trooper Davidson was also the investigating trooper. II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss
a case upon a finding that the action fails to state a claim on which relief may be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim
based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2)(B). , 490 U.S. 319, 327 (1989). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se
complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction
afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should do so. A federal court is charged with liberally construing a complaint filed by a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007).
The requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts that set forth a claim currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally
construe a pro se complaint, the United States Supreme Court has made it clear a plaintiff must do more than make conclusory statements to state a claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain
sufficient factual matter, accepted as true, to state a claim that is plausible on its face, and the reviewing court need only accept as true the complaint’s factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. Only Persons Can Be Sued Pursuant to § 1983
It is well-settled that only persons may act under color of state law; therefore, a defendant in a § 1983 action must qualify as a person. 42 U.S.C. § 1983; ., 436 U.S. 658, 690 n.55 (1978) (noting that for purposes of § 1983, a person includes individuals and bodies politic and corporate). Courts have held that inanimate objects such as buildings, facilities, and grounds are not considered a person and do not act under color of state law. , No. 8:10- 2988-JMC, 2011 WL 2066551, at *1 (D.S.C. May 26, 2011) (finding that the
plaintiff failed to establish that the Lexington County Detention Center, “as a building and not a person, is amenable to suit under § 1983”). In this case, Plaintiff names SCDPS, which is a department and not a person. Because SCDPS is not a person amenable to suit under § 1983, it is subject to summary
dismissal. 2. The doctrine Under the doctrine, this court may not review findings or rulings made by state courts. , 263 U.S. 413
(1923); , 460 U.S. 462, 476 (1983) (holding that a federal district court lacks authority to review final determinations of state or local courts); , 122 F.3d 192, 199 (4th Cir. 1997). The doctrine extends not only to
issues actually decided by a state court, but also to those that are “inextricably intertwined with questions ruled upon by a state court.” , 129 F.3d 728, 731 (4th Cir. 1997). A federal claim is “inextricably intertwined” with a state court decision if “success on the federal claim depends upon a
determination that the state court wrongly decided the issues before it.” , 274 F.3d 846, 857–58 (4th Cir. 2001). This prohibition includes constitutional challenges. , 409 F. App’x 678 (4th Cir. 2011).
The Supreme Court clarified the scope of the doctrine in , 544 U.S. 280 (2005): The doctrine . . . is confined to cases of the kind from which the doctrine acquired its name: cases brought by state- court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.
at 284; , 434 F.3d 712, 713 (4th Cir. 2006) (“ requires us to examine whether the state-court loser who files suit in federal district court seeks redress for an injury caused by the state- court decision itself. If he is not challenging the state-court decision, the doctrine does not apply.”). Implicit in the doctrine is the recognition that only the United States Supreme Court has jurisdiction over appeals from final state court judgments. , 544 U.S. at 283; 28 U.S.C. § 1257. To the extent the claims in Plaintiff’s complaint challenge rulings made by South Carolina state courts, these claims should be summarily dismissed. Because Plaintiff’s motion for injunctive relief [ECF No. 4] seeks to
overturn his state judgment, it is denied. NOTICE CONCERNING AMENDMENT Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by February 14, 2024, along with any appropriate service documents. Plaintiff is reminded an amended complaint replaces the original complaint and should be complete in itself. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (“As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.”) (citation and internal quotation marks omitted). If Plaintiff files an amended complaint, the undersigned will conduct screening of the amended complaint pursuant to 28 U.S.C. § 1915A. If Plaintiff fails to file an amended complaint or fails to
cure the deficiencies identified above, the undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. IT IS SO ORDERED. pont ego January 24, 2024 Shiva V. Hodges Columbia, South Carolina United States Magistrate Judge
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” , 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk United States District Court 901 Richland Street Columbia, South Carolina 29201
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); , 474 U.S. 140 (1985); , 766 F.2d 841 (4th Cir. 1985); , 727 F.2d 91 (4th Cir. 1984).