Turner v. Brady

Background

Curtis Turner, confined at West County Detention Facility, filed this self-represented civil-rights action under 42 U.S.C. § 1983. He named Judge Laurel S. Brady and District Attorney Angela Lyddan as defendants. Turner sought damages and asked that his criminal charges be dismissed.

The court stated that it would screen the complaint under 28 U.S.C. § 1915A, which requires an initial review of a prisoner’s claims against governmental entities or officials. The court must identify claims that can proceed and dismiss claims that are frivolous, malicious, fail to state a claim, or seek relief from an immune defendant. The court also noted that self-represented pleadings must be read liberally. A § 1983 claim requires an alleged violation of a federal right by someone acting under state authority.

Claims and analysis

Turner alleged that his civil rights were being violated in connection with state criminal proceedings. His allegations included ineffective counsel, misconduct, discrimination, conspiracy involving courts, terrorism or torment, attorney malpractice, neglect, and pain and suffering.

The court found that Turner had filed an earlier related action in the same district involving the same allegations, among other defendants, and seeking damages. That earlier action was dismissed because several defendants were immune from civil liability and the remaining claims were barred by the rule recognized in Heck v. Humphrey. The court stated that Brady and Lyddan were also immune from civil liability in their respective roles as judge and prosecutor.

The court focused on duplication rather than separately resolving each allegation. It concluded that the present case arose from the same core facts—the allegedly unconstitutional conviction or imprisonment—as the earlier action, and that the defendants in the two cases were parties or legally connected parties. The court therefore treated the lawsuit as duplicative and subject to dismissal as malicious litigation under 28 U.S.C. § 1915.

Ruling

The complaint was dismissed as duplicative. The Clerk was ordered to terminate all pending motions, including Docket No. 8, and close the file. Judge Beth Labson Freeman signed the order on November 29, 2022. The opinion states that Turner’s motion to proceed without paying the filing fee would be addressed in a separate order.