Jefferson v. United States

104 Fed. Cl. 81, 2012 U.S. Claims LEXIS 986, 2012 WL 956403
CourtUnited States Court of Federal Claims
DecidedMarch 15, 2012
DocketNo. 11-776C
StatusPublished
Cited by27 cases

This text of 104 Fed. Cl. 81 (Jefferson v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jefferson v. United States, 104 Fed. Cl. 81, 2012 U.S. Claims LEXIS 986, 2012 WL 956403 (uscfc 2012).

Opinion

ORDER

HORN, Judge.

The case currently before the court was filed by Elmer Lee Jefferson, a pro se plaintiff and prisoner at the Algoa Correctional Center in Jefferson City, Missouri.1 The current complaint asserts allegations against the United States for conspiracy pursuant to 42 U.S.C. § 1985(3) (2006). Although plaintiff includes a number of attachments, apparently designed to lay out his claims, plaintiffs complaint in this court is short, stating in its entirety:

[83]*83Comes now Plaintiff Elmer Lee Jefferson Pro Se in the above and entitled cause. Who moves this Honorable Court respectively [sic] in a joinder of actions for Conspiracy by the United States Officials. In Support of this Complaint, see the attached Complaint filed in the U.S. District Court, Eastern District of Missouri, Southeastern Division.

Plaintiff requests no specific relief. He does, however, attach to the complaint filed in this court, a hand-written copy of what appears to be a complaint he previously filed in the United States District Court for the Eastern District of Missouri, Case No. 1:09— CV-00049-LMB. The plaintiff also includes with his complaint a copy of the District Court Order dismissing one of his cases, three pages he seems to have derived by primarily quoting words from Federer v. Gephardt, 363 F.3d 754 (8th Cir.2004), and a copy of a motion to proceed in forma pauperis filed in Jefferson v. Campbell, No. 1:10-CV-201-LMB, in the United States District Court for the Eastern District of Missouri. Significantly, plaintiff also attaches an Order in Jefferson v. Salazar, No. 1:11-CV-57-SNLJ, dated April 13, 2011, notifying plaintiff that if he does not pay the filing fee, his ease will be dismissed. The Order states:

Plaintiff has not paid the statutory filing fee, and the court will not permit plaintiff to proceed in forma pauperis because he has obtained three strikes under 28 U.S.C. § 1915(g). (citing Jefferson v. Sharp, 1:98-CV140-LMB (E.D.Mo.); Jefferson v. Holder, 1:04-CV-0175-LMB (E.D.Mo.); and Jefferson v. Burke, 1:08-CV-0007-CAS (E.D.Mo.)).2

The complaint in the District Court for the Eastern District of Missouri he copied and attached to his complaint in this court asserted a series of confused allegations, not against the United States, but against Dunk-lin County and employees of the Dunklin County and Kennett, Missouri Police Departments. Plaintiff alleged that a number of police officers unlawfully arrested, assaulted, prosecuted, and harassed him and that the police commissioner failed to take corrective action against the officers, and failed to properly supervise them. The complaint stated that, “[t]his action is brought pursuant to 42 U.S.C.1983 and 1988 and the first, fourth, fifth, eighth, and fourteenth amendments to the Constitution of the United States.”

According to the allegations made by plaintiff in the United States District Court for the Eastern District of Missouri complaint, plaintiff was:

driving his vehicle, a white 2002 Oldsmobile Bravada with Missouri Registration CB2G9M traveling North on North Vande-venter Street in Kennett, Missouri At this point defendant activated his emergency lights and I stopped. I then exited my vehicle with my hands in front of me with my wallet in my hand and I was attacked and slammed onto the hood of the police car where my teeth were loosed and I was mazed [sic] and injured while wearing my black back support.... Plaintiff was not read his Miranda Warnings and was taken directly to the Dunklin County Jail ... plaintiff fell to the floor after being stripped of back support and was dragged into a cell up front and kicked into the groin....

Plaintiff further alleged that he:

has a related issue involving some of the same officials related issue of Jefferson, Elmer et al. v. Burkeetaal,3 in 2007 arrest on or about March 23, 2007 when after being informed that a baby was present in our home, they mazed [sic] a one year old baby and my 14 year old daughter at that time. This also involves Police Misconduct.

Plaintiff claimed that he was charged with “Resisting Arrest, False Impersonation, assault of a law enforcement officer 2 Counts, and Resisting/Interfering Arrest were terminated in favor of plaintiff Elmer Jefferson.” Plaintiff also asserted that:

[84]*84the abused [sie] to which plaintiff was subjected was consistent with an institutionalized practice of the Dunklin County Police Department, which was known to and ratified by defendants.... On information and belief, defendants ... and others and County had prior notice of the vicious propensities of defendants but took no steps to train them, Correct then* abuse, of authority, or to discourage their unlawful use of authority.

Plaintiff then described his “Federal Causes of Action” in the District Court for the Eastern District of Missouri:

The hereinabove described actions and omissions engaged in under Color of State authority by the defendants, including defendant County sued as a person, responsible because of authorization, condonation, and radifieation [sic] thereof for acts of its agents, deprived the plaintiff of his rights secured by the Constitution of the United States, including, but not limited to his first amendment right to freedom of expression, his fourth amendment right to be free from unlawful seizure of his person, his fifth and fourteenth amendment rights to due process of law, including the right to be free from unjustified and excessive force utilized by police, and his eighth amendment right to be free from cruel and unusual punishment.

Pendent Causes of Action

The allegations set forth in paragraphs 1 through 23 are repeated and realleged.... The acts and Conduct hereinbefore alleged Constitutes false arrest and imprisonment, assault and battery, malicious prosecution, abuse of process, prima facie tort, Conspiracy tort, negligence, and gross negligence under the laws of the State of Missouri. This Court has pendant jurisdiction to hear and adjudicate these claims.

In an additional submission to this court, filed subsequent to the filing of his complaint, plaintiff sent a copy of a'letter written to the Department of Justice, which states:

The law provides (R.S. Sects. 359, 367, 5 U.S.C.A. Secs. 309, 316, 2 F.C.A. Title 5 Sections 309, 316); See Booth v. Fletcher, United States Court of Appeals, for The District of Columbia, 101 F.2d [676,] 679, 69 App.D.C. 351, 1938 U.S.App. LEXIS 2545 “Sec. 359* * * [sic] the Attorney General may whenever he deems it for the interest of the United States, either in person conduct and argue any ease in any Court of the United States in which the United States is interested.”

The letter goes on to say that the Attorney General and other Department of Justice employees may conduct legal proceedings and ends: “[t]he Attorney General has powers of general Superintendence and direction over district attorneys ...

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Cite This Page — Counsel Stack

Bluebook (online)
104 Fed. Cl. 81, 2012 U.S. Claims LEXIS 986, 2012 WL 956403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-united-states-uscfc-2012.