Lawag

Background

Henry Cordova Lawag, an inmate housed at Valley State Prison, filed this action without a lawyer. The court reviewed his complaint under 28 U.S.C. § 1915A, which requires courts to screen a prisoner’s case seeking relief from a governmental entity or official. Lawag had been allowed to proceed without paying the filing fee in a separate order.

The initial complaint form was blank except for Lawag’s identifying information and signature. He later filed a complaint that listed himself and his daughter, Michelle A. Lawag, as plaintiffs. The opinion states that Michelle A. Lawag did not sign the complaint and gives no indication that she consented to bring the action or knew about it. Lawag’s statement of claim described an incident in which two officers allegedly came to an apartment and arrested him. His requested relief used the language, “I accept your charge for value and consideration in return for post settlement and closure of the account.”

Lawag also filed letters and an additional document. Those filings alleged that his public defender was a bad lawyer, that he did not molest his granddaughters, and that he pleaded guilty to child molestation because his daughter wanted him to. He also sought early release, freedom, and compensation for harm to his mental health and reputation.

Court’s analysis

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege both that a constitutional or federal-law right was violated and that the violation was committed by a person acting under state law. The court concluded that Lawag had not alleged a violation of the federal Constitution or federal law.

The court separately addressed Lawag’s apparent request for early or immediate release. It explained that a petition for a writ of habeas corpus—a legal action challenging the lawfulness or duration of confinement—is the exclusive remedy for a prisoner seeking immediate or speedier release. Such relief could not be obtained through this § 1983 action.

Disposition

The court dismissed the action with prejudice because the deficiency could not possibly be cured by adding other facts. The clerk was directed to send Lawag two court forms for a habeas petition, terminate all pending motions as moot, enter judgment in favor of the defendant and against Lawag, and close the case. The opinion’s provided text does not identify the defendant by name. Judge Haywood S. Gilliam, Jr. issued the order.