Thomason v. State of Washington

CourtDistrict Court, E.D. Washington
DecidedOctober 30, 2024
Docket2:24-cv-00277
StatusUnknown

This text of Thomason v. State of Washington (Thomason v. State of Washington) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomason v. State of Washington, (E.D. Wash. 2024).

Opinion

2 U.S. F DIL ISE TD R I IN C TT H CE O URT EASTERN DISTRICT OF WASHINGTON 3 Oct 30, 2024

SEAN F. MCAVOY, CLERK 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON

6 LANCE A. THOMASON, No. 2:24-CV-277-MKD

7 Plaintiff, ORDER DISMISSING PLAINTIFF’S 8 v. COMPLAINT WITH PREJUDICE

9 STATE OF WASHINGTON, ECF No. 1 SPOKANE COUNTY PROSECUTING 10 ATTORNEY, COUNTY CITY PUBLIC SAFETY BUILDING, 11 Defendants. 12

13 Before the Court is Plaintiff’s pro se Complaint, filed on August 12, 2024. 14 ECF No. 1. By separate Order, the Court granted Plaintiff leave to proceed in 15 forma pauperis. Having reviewed Plaintiff’s Complaint, the Court is fully 16 informed. The Court dismisses Plaintiff’s Complaint with prejudice. 17 PLAINTIFF’S ALLEGATIONS 18 Plaintiff appears to allege that his Fourteenth Amendment due process 19 rights were violated when the jury was improperly instructed during his state court 20 robbery trial on January 14, 2020. ECF No. 1 at 2, 7, 9, 11-12. Plaintiff states that 1 he served a 63-month sentence after being convicted of robbery at a grocery store 2 on September 5, 2018.1 Id. at 8-9. He identifies Rachel Stereet/Streete as the

3 Spokane County prosecuting attorney located in the public safety building who 4 charged him with first degree robbery on January 13, 2020. Id. at 7. He appears 5 to take issue with various jury instructions and attaches them to his Complaint. Id.

6 at 14–35. 7 Plaintiff alleges an unspecified “personal injury,” and makes conclusory 8 allegations of prosecutorial misconduct, malicious prosecution, abuse of process, 9 unlawful incarceration, and wrongful conviction. Id. at 4, 5, 13. He “demands

10 class action against the state of Washington per RCW 4.10.025(3).” Id. at 3. 11 Plaintiff also seeks a permanent injunction, asks the State of Washington to stop 12 its prosecutorial misconduct and malicious prosecution, and requests that this

13 Court grant a jury trial. Id. at 12-13. 14 ANALYSIS 15 Under the Prison Litigation Reform Act of 1995, the district court is

16 required to screen a complaint filed by a party seeking to proceed in forma 17

18 1 Plaintiff’s robbery conviction may be related to the allegations he raised in a prior 19 civil rights action before the District Court. See Lance A. Thomason v. Yokes Fresh 20 Market, 2:20-CV-59 (dismissed with prejudice on August 14, 2020). 1 pauperis. 28 U.S.C. § 1915(e); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th 2 Cir. 2001) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to

3 prisoners.”). When an individual seeks to proceed in forma pauperis, the Court is 4 required to review the complaint and dismiss such complaint, or portions of the 5 complaint, if it is “(i) frivolous or malicious; (ii) fails to state a claim upon which

6 relief may be granted; or (iii) seeks monetary relief from a defendant who is 7 immune from such relief.” 28 U.S.C. § 1915(e)(2). 8 A claim is legally frivolous when it lacks an arguable basis either in law or 9 fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989), superseded by statute on

10 other grounds as stated in Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) 11 (en banc); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). 12 Therefore, the Court may dismiss a claim as frivolous where it is “based on an

13 indisputably meritless legal theory” or where the “factual contentions are clearly 14 baseless.” Neitzke, 490 U.S. at 327. The critical inquiry is whether a 15 constitutional claim has an arguable basis in law and fact. See Jackson v. Arizona,

16 885 F.2d 639, 640 (9th Cir. 1989), superseded by statute on other grounds as 17 stated in Lopez, 203 F.3d at 1130-31; Franklin, 745 F.2d at 1227. 18 The facts alleged in a complaint are to be taken as true and must “plausibly 19 give rise to an entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009).

20 Mere legal conclusions “are not entitled to the assumption of truth.” Id. The 1 complaint must contain more than “a formulaic recitation of the elements of a 2 cause of action.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The

3 complaint must plead “enough facts to state a claim to relief that is plausible on its 4 face.” Id. at 570. Liberally construing the Complaint in the light most favorable 5 to Plaintiff, the Court finds that Plaintiff has failed to state a claim upon which

6 relief may be granted. 7 A. Improper Defendants 8 It is unclear whether Plaintiff intended to name the State of Washington as a 9 defendant to this action. ECF No. 1 at 12. It is well-settled that states and state

10 agencies are not susceptible to suit under Section 1983. Will v. Michigan Dep’t of 11 State Police, 491 U.S. 58, 71 (1989). “Will establishes that the State and arms of 12 the State, which have traditionally enjoyed Eleventh Amendment immunity, are

13 not subject to suit under § 1983 in either federal or state court.” Howlett v. Rose, 14 496 U.S. 356, 365 (1990). Therefore, the State of Washington is entitled to 15 Eleventh Amendment immunity and does not qualify as a “person” under Section

16 1983. Plaintiffs’ Section 1983 claims against the State of Washington are subject 17 to dismissal for failure to state a claim upon which relief may be granted. 18 Plaintiff also names the Spokane County Prosecuting Attorney as a 19 defendant to this action. ECF No. 1 at 1. It is well-settled that “in initiating a

20 prosecution and in presenting the State’s case, the prosecutor is immune from a 1 civil suit for damages under [section] 1983.” Imbler v. Pachtman, 424 U.S. 409, 2 430-31 (1976); Milstein v. Cooley, 257 F.3d 1004, 1008-09 (9th Cir. 2001) (noting

3 that prosecutorial immunity covers claims of the knowing use of false testimony at 4 trial, malicious prosecution, and suppression of exculpatory evidence); Ashelman 5 v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (en banc).

6 Plaintiff alleges that the prosecuting attorney charged him with first degree 7 robbery on January 13, 2020, and he appears to take issue with various jury 8 instructions that were given during his trial on January 14, 2020. ECF No. 1 at 2, 9 7, 9, 11-12, 14-35. Thus, Plaintiff’s allegations against the prosecuting attorney

10 stem from her actions taken while serving as an advocate in judicial proceedings, 11 acts covered by prosecutorial immunity.

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Thomason v. State of Washington, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomason-v-state-of-washington-waed-2024.