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noting that the plaintiff's suit against the clerk in her official capacity was equivalent to a suit brought against the circuit court and that "[t]he circuit courts of the State of Michigan are arms of the state and, thus immune from suit"
Summary of this case from Meyer v. Allegan Cnty.Opinion
Case No. 1:14-cv-999
10-24-2014
KEVIN SCOTT VARNER, Plaintiff, v. STERLING R. SCHROCK et al., Defendants.
OPINION
This is a civil rights action brought by a detainee in the Berrien county jail pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). Under the Prison Litigation Reform Act, PUB. L. NO. 104-134, 110 STAT. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2) and 1915A. The Court must read Plaintiff's pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff's allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, the Court will dismiss Plaintiff's complaint against Judge Schrock and Clerk Tyler based on immunity. The Court will serve the complaint against Sheriff Bailey.
Factual Allegations
Plaintiff presently is a detainee at the Berrien County Jail. He sues the following Defendants in their official capacities only: Berrien County Circuit Court Judge Sterling Schrock; Berrien County Circuit Court Clerk Sharon J. Tyler; and Berrien County Sheriff L. Paul Bailey.
Plaintiff alleges that he has been at the Berrien County Jail since June 17, 2014 pending disposition of the criminal charges against him. Sometime prior to Plaintiff's arrest, Sheriff Bailey or his predecessor closed down the law library at the Berrien County Jail. As a result, Plaintiff does not have immediate access to a law library at his place of detention. Plaintiff has sought access to an alternate law library since he arrived at the jail.
On June 27, 2014, Judge Schrock told Plaintiff that since he was receiving the services of a court-appointed attorney, Plaintiff did not need access to a law library. Plaintiff subsequently wrote two letters to Judge Schrock requesting access to a law library. Judge Schrock denied Plaintiff's request in response to one letter and ignored the second letter.
On September 8, 2014, Judge Schrock granted Plaintiff's request to represent himself. Plaintiff renewed his request to have access to a law library in order to prepare for trial, but Judge Schrock denied the request. According to Judge Schrock, the only law library currently open is located in the Berrien County Courthouse building.
On September 9, 2014, Clerk Tyler wrote a letter to Plaintiff explaining that the Clerk's office was not responsible for making copies of his pro per motions and would not do so in the future.
Plaintiff alleges that he is currently in need of a law library to prepare for his sentencing hearing on October 20, 2014.
As relief Plaintiff seeks an injunction ordering that he be given access to a law library to prepare for his sentencing hearing, that service and personal file copies be made for him, and that the inmate law library at the Berrien County Jail be reopened. Additionally, Plaintiff seeks compensatory and punitive damages.
Discussion
I. Immunity
A. Judge Schrock
Plaintiff claims that Judge Schrock violated his access to the courts by denying his request to access a law library. Generally, a judge is absolutely immune from a suit for monetary damages. Mireles v. Waco, 502 U.S. 9, 9-10 (1991) ("[I]t is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of person consequences to himself.") (internal quotations omitted); Barrett v. Harrington, 130 F.3d 246, 254 (6th Cir. 1997); Barnes v. Winchell, 105 F.3d 1111, 1115 (6th Cir. 1997). Absolute judicial immunity may be overcome in only two instances. First, a judge is not immune from liability for non-judicial actions, i.e., actions not taken in the judge's judicial capacity. Mireles, 502 U.S. at 11; see Forrester v. White, 484 U.S. 219, 229 (1988) (noting that immunity is grounded in "the nature of the function performed, not the identity of the actor who performed it"). Second, a judge is not immune for actions, though judicial in nature, taken in complete absence of all jurisdiction. Id. at 12.
Plaintiff's allegations clearly fail to implicate either of the exceptions to judicial immunity. There is no doubt that in denying Plaintiff's request to access a law library, Judge Schrock was acting in his judicial capacity in the context of Plaintiff's criminal proceedings, over which Judge Schrock had jurisdiction. Accordingly, Judge Schrock is absolutely immune from liability. Because Judge Schrock is clearly immune from liability in this case, Plaintiff may not maintain an action for monetary damages against him. 28 U.S.C. § 1915(e)(2)(B)(iii).
Moreover, injunctive relief is also not available under § 1983, because, under the 1996 amendments to that statute, injunctive relief "shall not be granted" in an action against "a judicial officer for an act or omission taken in such officer's judicial capacity . . . unless a declaratory decree was violated or declaratory relief was unavailable." 42 U.S.C. § 1983; accord Savoie v. Martin, 673 F.3d 488, 496 (6th Cir. 2012). Plaintiff does not allege that a declaratory decree was violated or that declaratory relief was unavailable. Consequently, his claim for injunctive relief is barred. Montero v. Travis, 171 F.3d 757, 761 (2d Cir. 1999).
B. Circuit Court Clerk Tyler
Plaintiff sues Clerk Tyler solely in her official capacity. Plaintiff alleges that Clerk Tyler refused to make copies of his pro per motions either for Plaintiff's files or for service on the prosecution. Although not explicitly stated, Plaintiff's allegations suggest that he believes Clerk Tyler's actions violated his right to access the court.
Clerk Tyler is immune from suit in this Court. Regardless of the form of relief requested, the states and their departments are immune under the Eleventh Amendment from suit in the federal courts, unless the state has waived immunity or Congress has expressly abrogated Eleventh Amendment immunity by statute. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 98-101 (1984); Alabama v. Pugh, 438 U.S. 781, 782 (1978); O'Hara v. Wigginton, 24 F.3d 823, 826 (6th Cir. 1993). Congress has not expressly abrogated Eleventh Amendment immunity by statute, Quern v. Jordan, 440 U.S. 332, 341 (1979), and the State of Michigan has not consented to civil rights suits in federal court. Abick v. Michigan, 803 F.2d 874, 877 (6th Cir. 1986). A state's Eleventh Amendment immunity from suit in the federal courts is in the nature of a jurisdictional defense. See Edelman v. Jordan, 415 U.S. 651, 678 (1974). The Court may therefore raise Eleventh Amendment immunity on its own motion. See Estate of Ritter v. Univ. of Mich., 851 F.2d 846 (6th Cir. 1988).
Plaintiff's suit against Clerk Tyler in her official capacity is equivalent to a suit brought against the Berrien County Circuit Court. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989); Matthews v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994). The circuit courts of the State of Michigan are arms of the state and, thus, immune from suit. See, e.g., Nicklay v. Eaton County Circuit Court, No. 1:08-cv-211, 2008 WL 2139613, at *5 (W.D. Mich. May 20, 2008). Under the Michigan Constitution, the judiciary is a separate and independent branch of state government. See Judicial Attorneys Ass'n v. State of Michigan, 586 N.W.2d 894, 897-98 (Mich. 1998). Each state court is part of the "one court of justice" established by the Michigan Constitution. MICH. CONST. art. VI, § 1 ("The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction that the legislature may establish by a two-thirds vote of the members elected to and serving in each house."); see Smith v. Oakland County Circuit Court, 344 F. Supp. 2d 1030, 1055 (E.D. Mich. 2004). The circuit courts are part of the state government, not the county or the city. Judges of the 74th Judicial Dist. v. Bay County, 190 N.W.2d 219, 224 (Mich. 1971). The Sixth Circuit squarely has held that suits against Michigan courts are barred by Eleventh Amendment sovereign immunity. See Abick, 803 F.2d at 877. The Sixth Circuit decision is but one of numerous federal court holdings recognizing Eleventh Amendment immunity in suits brought against the state courts. See Harmon v. Hamilton County Court of Common Pleas, 83 F. App'x 766, 768 (6th Cir. 2003); Metz v. Supreme Court of Ohio, 46 F. App'x 228, 236-37 (6th Cir. 2002); Mumford v. Basinski, 105 F.3d 264, 268-70 (6th Cir. 1997); see also Brooks-McCollum v. Delaware, 213 F. App'x 92, 94 (3d Cir. 2007); Zabriski v. Court Admin., 172 F. App'x 906, 908 (11th Cir. 2006); Wilson v. Puma County Superior Court, 103 F. App'x 285, 286 (9th Cir. 2004); Harris v. Champion, 51 F.3d 901, 905-06 (10th Cir. 1995). Furthermore, civil rights actions under 42 U.S.C. § 1983 may only be brought against a "person," and courts are clearly not persons within the meaning of the statute. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). Clerk Tyler must therefore be dismissed on grounds of Eleventh Amendment immunity.
II. Failure to state a claim
A complaint may be dismissed for failure to state a claim if it fails "'to give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). While a complaint need not contain detailed factual allegations, a plaintiff's allegations must include more than labels and conclusions. Twombly, 550 U.S. at 555; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) ("Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."). The court must determine whether the complaint contains "enough facts to state a claim to relief that is plausible on its face." Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 679. Although the plausibility standard is not equivalent to a "'probability requirement,' . . . it asks for more than a sheer possibility that a defendant has acted unlawfully." Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 556). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not 'show[n]' - that the pleader is entitled to relief." Iqbal, 556 U.S. at 679 (quoting FED. R. CIV. P. 8(a)(2)); see also Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding that the Twombly/Iqbal plausibility standard applies to dismissals of prisoner cases on initial review under 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i)).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of a right secured by the federal Constitution or laws and must show that the deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009). Because § 1983 is a method for vindicating federal rights, not a source of substantive rights itself, the first step in an action under § 1983 is to identify the specific constitutional right allegedly infringed. Albright v. Oliver, 510 U.S. 266, 271 (1994).
Plaintiff sues Sheriff Bailey in his official capacity only. Plaintiff alleges that Sheriff Bailey or his predecessor closed the Berrien County Jail law library. Although not expressly alleged, Plaintiff's allegations suggest that the closure of the law library violated his right to access the courts.
A suit against an individual in his official capacity is equivalent to a suit brought against the governmental entity: in this case, Berrien County. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989); Matthews v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994). A municipality may only be liable under § 1983 when its policy or custom causes the injury, regardless of the form of relief sought by the plaintiff. Los Angeles Cnty. v. Humphries, 131 S. Ct. 447, 453-54 (2010) (citing Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694 (1974)). In a municipal liability claim, the finding of a policy or custom is the initial determination to be made. Doe v. Claiborne Cnty., 103 F.3d 495, 509 (6th Cir. 1996). The policy or custom must be the moving force behind the constitutional injury, and a plaintiff must identify the policy, connect the policy to the governmental entity and show that the particular injury was incurred because of the execution of that policy. Turner v. City of Taylor, 412 F.3d 629, 639 (6th Cir. 2005); Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003); Doe, 103 F.3d at 508-509. It is the court's task to identify the officials or governmental bodies which speak with final policymaking authority for the local government in a particular area or on a particular issue. McMillian v. Monroe County, 520 U.S. 781, 784-85 (1997).
In matters pertaining to the conditions of the jail, the sheriff is the policymaker for the county. MICH. COMP. LAWS § 51.75 (sheriff has the "charge and custody" of the jails in his county); MICH. COMP. LAWS § 51.281 (sheriff prescribes rules and regulations for conduct of prisoners); Kroes v. Smith, 540 F. Supp. 1295, 1298 (E.D. Mich. 1982) (the sheriff of "a given county is the only official with direct control over the duties, responsibilities, and methods of operation of deputy sheriffs" and thus, the sheriff "establishes the policies and customs described in Monell"). Thus, the court looks to the allegations in Plaintiff's complaint to determine whether he has alleged that Sheriff Bailey has established a policy or custom which caused Plaintiff to be deprived of a constitutional right.
At this juncture, Plaintiff's allegations are sufficient to warrant service of the complaint on Sheriff Bailey.
Conclusion
Having conducted the review now required by the Prison Litigation Reform Act, the Court determines that Judge Schrock and Clerk Tyler will be dismissed based on immunity pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). The Court will serve the complaint against Sheriff Bailey.
An Order consistent with this Opinion will be entered. Dated: October 24, 2014
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge