Moniz v. Hines

92 F. App'x 208
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 10, 2004
DocketNo. 02-2255
StatusPublished
Cited by7 cases

This text of 92 F. App'x 208 (Moniz v. Hines) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moniz v. Hines, 92 F. App'x 208 (6th Cir. 2004).

Opinion

KENNEDY, Circuit Judge.

Plaintiff Howard A. Moniz, Jr., a prisoner proceeding pro se and informa pauper-is, appeals the district court’s dismissal of his civil rights complaint for failure to [209]*209state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff also appeals the court’s denial of his motion for leave to amend that complaint. For the reasons explained below, we AFFIRM both the district court’s dismissal of plaintiffs complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) and its denial of plaintiffs motion to amend the complaint.

I. Background

Plaintiff Moniz, while incarcerated at the Riverside Correctional Facility in Ionia. Michigan, filed a pro se civil rights complaint against William Hines, the Erie Township Chief of Police, in his official capacity under 42 U.S.C. § 1983. The complaint alleged the following four claims: 1) Hines forced defendant to accept “an outrageously priced towing service” to extricate plaintiffs vehicle against plaintiffs “repeated protests” and after learning that plaintiff had made other arrangements, thereby “illegally seizing]” plaintiffs vehicle and personal property: 2) Hines, knowing that plaintiff was ill, orchestrated to have plaintiff driven “several miles in the opposite direction” of where he had promised to take plaintiff, leaving plaintiff “sick, lost, stranded” and in a position in which defendant later “got in significant [legal] trouble”; 3) Hines perjured himself at plaintiffs criminal trial; and 4) Hines told “an extremely violent offender” at the Monroe County jail, where defendant was incarcerated, that plaintiff was a “cut-throat” and that the prisoner should “watch his back” around plaintiff so as to provoke that prisoner to harm or endanger plaintiff in violation of the Fourteenth Amendment.

On August 10, 2001, the district court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. As to plaintiffs first claim, the district court held that plaintiff does not have a constitutional right to a towing service that is not “outrageously overpriced.” The district court held that plaintiffs second claim also does not implicate a constitutional right. Regarding plaintiffs third claim, the district court held that Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). which mandates the dismissal of a § 1983 action where a judgment for plaintiff “would necessarily imply the invalidity of his [still-valid] conviction or sentence,” bars plaintiffs § 1983 action against Hines for perjury at plaintiffs criminal trial as it would imply the invalidity of plaintiffs sentence. The district court held that plaintiffs conclusory allegations in support of his last claim were insufficient to state a claim upon which relief may be granted. Specifically, the district court noted that plaintiff had neither identified the inmate with whom Hines spoke nor alleged that this particular inmate actually harmed plaintiff.

On August 22, 2001, plaintiff moved for leave to amend the complaint.1 To substantiate his first claim as to the illegal seizure, plaintiff alleged that: 1) his car had been on private property with the owner’s permission; 2) his car had been stuck in a driveway, not in a ditch: and 3) plaintiff already had the help of his friend to extricate plaintiffs car. Plaintiff also intimated that Hines was running a scam with the towing service. Regarding his second claim, plaintiff alleged that, although defendant knew that plaintiff was suffering from food poisoning, he lied to plaintiff and “had him dropped off several miles in the opposite direction of his friend’s house.” With respect to his last [210]*210claim of endangerment in prison, plaintiff specifically identified the inmate whom Hines allegedly solicited to harm plaintiff, noting the existence of witnesses to the events underlying this claim.

On September 25, 2002, the district court denied plaintiffs motion for leave to amend the complaint on the ground that plaintiff, in that motion, had failed to allege any additional facts entitling him to relief.2 The district court noted that, under 28 U.S.C. § 1915. it properly dismissed plaintiffs complaint for failure to state a claim upon which relief may be granted without and before affording plaintiff the opportunity to amend the complaint. Plaintiff appeals the district court’s dismissal of the complaint for failure to state a claim upon which relief may be granted as well as the court’s denial of plaintiffs motion to amend the complaint.

II. Analysis

A. Dismissal of Complaint for Failure to State a Claim

Because plaintiff is proceeding in forma pauperis. 28 U.S.C. § 1915(e)(2). applies to plaintiffs § 1983 action. See Benson v. O'Brian, 179 F.3d 1014, 1016 (6th Cir. 1999). Section 1915(e)(2)(B)(ii) requires a district court to dismiss any informa pauperis case brought under that section “at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.”3 We review de novo a district court’s judgment dismissing a complaint for failure to state a claim upon which relief may be granted pursuant to § 1915(e)(2). Brown v. Bargery, 207 F.3d 863, 867 (6th Cir. 2000). We must view “all [of] the facts alleged in the complaint, as well as any inference reasonably drawn from those facts, in the light most favorable to the plaintiff.” Id. We may affirm the dismissal of the complaint for failure to state a claim upon which relief may be granted “only if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” Id.

Plaintiffs § 1983 complaint affirmatively sues defendant Hines, Erie Township Chief of Police, in his official capacity, seeking $5,000,000 in damages as well as an injunction to prevent Hines from serving as chief of police. See generally Wells v. Brown, Jr., 891 F.2d 591, 592 (6th Cir. 1989) (requiring plaintiffs, including pro se prisoners, to specify in their § 1983 actions that they are suing state defendants in their individual capacities for damages, and dismissing § 1983 action of pro se prisoner who failed to so plead for a lack of jurisdiction); Moore v. City of Harriman, 272 F.3d 769

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Bluebook (online)
92 F. App'x 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moniz-v-hines-ca6-2004.