Olding v. Pima County Prosecutor's Office

District Court, D. Arizona·Decided June 2, 2025·No. 4:25-cv-00158·Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Candace Sutherland Olding, No. CV-25-00158-TUC-RM (JEM)

10 Plaintiff, ORDER

11 v.

12 Laura Conover, et al.,

13 Defendants. 14 15 Pending before the Court is a Report and Recommendation (“R&R”) issued by 16 Magistrate Judge James E. Marner, recommending that the Court dismiss Plaintiff 17 Candace Sutherland Olding’s First Amended Complaint (“FAC”) with prejudice. (Doc. 18 21.) Plaintiff filed an Objection (Doc. 22) and a Supplemental Objection (Doc. 23). For 19 the following reasons, the Court will overrule Plaintiff’s Objections and accept 20 Magistrate Judge Marner’s R&R. 21 I. Background 22 Plaintiff initiated this action on April 7, 2025, by filing a pro se Complaint (Doc. 23 1) and an Application to Proceed in Forma Pauperis (Doc. 2). In her original Complaint, 24 Plaintiff sued the Pima County Prosecutor Office (“Pima County Attorney’s Office”), 25 Pima County Attorney Laura Conover, and Pima County prosecutors Bradley Roach and 26 Alex Lambdin, raising constitutional claims under 42 U.S.C. § 1983, as well as state-law 27 claims. (Doc. 1.) Plaintiff alleged that she is a victim in a state-court criminal case, and 28 she accused Defendants of defaming and retaliating against her, concealing exculpatory 1 evidence, and rushing an illegal plea deal for her husband. (Id.) 2 Plaintiff attached several exhibits to the Complaint, including a decision in an 3 Arizona Department of Child Safety (“DCS”) administrative hearing, a family-court 4 ruling, and filings from a Pima County Superior Court criminal case, State of Arizona v. 5 Christopher Olding, CR20210376-001. (Doc. 1-3.) The attachments indicate that DCS 6 received a report indicating that Plaintiff, her husband, and her minor daughter had been 7 involved in a domestic violence incident; that Plaintiff’s husband was charged with 8 aggravated assault and kidnapping in connection with the incident; that an administrative 9 law judge declined to sustain a DCS proposed finding that Plaintiff had neglected her 10 daughter; and that the father of Plaintiff’s daughter was awarded sole custody and legal 11 decision-making authority following the incident. (Id.) 12 In a Report and Recommendation (“R&R”) issued on April 16, 2025, Magistrate 13 Judge Jacqueline M. Rateau recommended granting Plaintiff’s Application for Leave to 14 Proceed in Forma Pauperis and dismissing Plaintiff’s Complaint on screening under 28 15 U.S.C. § 1915(e)(2). (Doc. 10.) Magistrate Judge Rateau found that Plaintiff failed to 16 state § 1983 claims upon which relief could be granted because her Complaint failed to 17 satisfy the pleading standards of Federal Rule of Civil Procedure 8; the Pima County 18 Attorney’s Office is a non-jural entity incapable of being sued; Defendants Roach and 19 Lambdin are entitled to absolute prosecutorial immunity for the conduct alleged in the 20 Complaint; and Plaintiff failed to plead any facts showing that Conover was personally 21 involved in a deprivation of Plaintiff’s constitutional rights or that she maintained a 22 policy or custom that resulted in such a deprivation. (Id. at 4-10.) Magistrate Judge 23 Rateau recommended dismissing the claims against the Pima County Attorney’s Office, 24 Roach, and Lambdin with prejudice, dismissing the claims against Conover with leave to 25 amend, and declining to exercise jurisdiction over Plaintiff’s state-law claims. (Id. at 11- 26 12.) District Judge Raner C. Collins reviewed the R&R pursuant to General Order 21-25, 27 accepted and adopted it in full, granted Plaintiff leave to proceed in forma pauperis, and 28 dismissed Plaintiff’s Complaint with leave to amend. (Doc. 16.) The case was 1 subsequently assigned to the undersigned and referred to Magistrate Judge Marner. 2 (Docs. 17, 18.) 3 On May 9, 2025, Plaintiff filed her FAC (Doc. 19) and an untimely Objection 4 (Doc. 20)1 to Magistrate Judge Rateau’s R&R. In her FAC, Plaintiff sues Pima County, 5 Laura Conover, Alex Lambdin, and Bradley Roach, raising claims under 42 U.S.C. § 6 1983 for violation of due process, retaliation in violation of the First Amendment, failure 7 to train prosecutors on their obligations under Brady v. Maryland, 373 U.S. 83 (1963), 8 and unconstitutional customs; conspiracy under 42 U.S.C. § 1985; and state-law claims 9 for defamation, negligence, intentional infliction of emotional distress, and violation of 10 A.R.S. § 13-4434. (Doc. 19.) On May 15, 2025, Magistrate Judge Marner filed an R&R 11 recommending that Plaintiff’s FAC be dismissed without further leave to amend. (Doc. 12 21.) 13 II. Standard of Review 14 A district judge must “make a de novo determination of those portions” of a 15 magistrate judge’s “report or specified proposed findings or recommendations to which 16 objection is made.” 28 U.S.C. § 636(b)(1). The district judge “may accept, reject, or 17 modify, in whole or in part, the findings or recommendations made by the magistrate 18 judge.” Id. 19 The Prison Litigation Reform Act states that a district court “shall dismiss” an in 20 forma pauperis complaint if, at any time, the court determines that the action “is frivolous 21 or malicious,” that it “fails to state a claim on which relief may be granted,” or that it 22 “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 23 1915(e)(2). “[S]ection 1915(e) applies to all in forma pauperis complaints, not just those 24 filed by prisoners.” Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc); see 25 also Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam). 26 A pleading must contain a “short and plain statement of the claim showing that the

27 1 The Court will deny as moot Plaintiff’s untimely Objection, as it was filed after Judge Collins had adopted Magistrate Judge Rateau’s R&R, and concurrently with Plaintiff’s 28 FAC, which supersedes the original Complaint in its entirety. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). 1 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 2 does not demand detailed factual allegations, “it demands more than an unadorned, the- 3 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 4 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 5 conclusory statements, do not suffice.” Id. The complaint must contain sufficient factual 6 content to allow for a “reasonable inference that the defendant is liable for the 7 misconduct alleged.” Id.

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