Opinion
6:23-CV-1160 (GTS/ML)
12-21-2023
MOUNIR HOWARD, Plaintiff, v. ONEIDA CNTY. DISTRICT ATTORNEY'S OFFICE; AMANDA TUCCIARONE, District Attorney; TODD CARVILLE, District Attorney; SCOTT D. MCNAMARA, District Attorney; and GRANT GARRAMONE, District Attorney, Defendants.
MOUNIR HOWARD Pro Se Plaintiff.
MOUNIR HOWARD Pro Se Plaintiff.
ORDER AND REPORT-RECOMMENDATION
MIROSLAV LOVRIC, United States Magistrate Judge
The Clerk has sent a Pro Se complaint in the above captioned action together with an application to proceed in forma pauperis (“IFP”) and inmate authorization form filed by Mounir Howard (“Plaintiff”) to the Court for review. (Dkt. Nos. 1, 2, 3.) For the reasons discussed below, I grant Plaintiff's in forma pauperis application and recommend that Plaintiff's Complaint be dismissed in its entirety with leave to amend. (Dkt. Nos. 1, 2, 3.)
I. BACKGROUND
Construed as liberally as possible, Plaintiff's Complaint appears to allege that his civil rights were violated by Defendants Oneida County District Attorney's Office, Amanda Tucciarone, Todd Carville, Scott D. McNamara, and Grant Garramone (collectively “Defendants”). (See generally Dkt. No 1.) Plaintiff's Complaint consists of two form complaints-one on the form complaint for civil rights violations pursuant to 42 U.S.C. § 1983 and one on the form complaint for pro se prisoner complaints-and four attached narrative pages. (Id.)
The court must interpret Pro Se complaints to raise the strongest arguments they suggest. Soto v. Walker, 44 F.3d 169, 173 (2d Cir. 1995) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)).
More specifically, Plaintiff alleges that Defendants initiated and have continued a criminal action against him without probable cause. (Dkt. No. 1 at 9.) The Complaint alleges that Plaintiff has been unlawfully detained since July 28, 2023, for a crime that he did not commit with evidence fabricated by non-party Utica Police Department. (Id.)
As a result of these factual allegations, Plaintiff asserts the following two claims: (1) a claim of malicious prosecution in violation of the Fourth Amendment and 42 U.S.C. § 1983; and (2) a claim of fabrication of evidence in violation of the Fourteenth Amendment and 42 U.S.C. § 1983.
As relief, Plaintiff seeks dismissal of the criminal charges brought against him and a “full investigation into the misconduct of OCDA Office.” (Id. at 13.)
Plaintiff seeks leave to proceed IFP. (Dkt. No. 2.)
II. PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS
“28 U.S.C. § 1915 permits an indigent litigant to commence an action in a federal court without prepayment of the filing fee that would ordinarily be charged.” Cash v. Bernstein, 09-CV-1922, 2010 WL 5185047, at *1 (S.D.N.Y. Oct. 26, 2010). “Although an indigent, incarcerated individual need not prepay the filing fee at the time of filing, he must subsequently pay the fee, to the extent he is able to do so, through periodic withdrawals from his inmate accounts.” Cash, 2010 WL 5185047, at *1 (citing 28 U.S.C. § 1915(b); Harris v. City of New York, 607 F.3d 18, 21 (2d Cir. 2010)).
Section § 1915(g) prohibits a prisoner from proceeding in forma pauperis where, absent a showing of “imminent danger of serious physical injury,” a prisoner has filed three or more actions that were subsequently dismissed as frivolous, malicious, or failing to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(g). The Court has reviewed Plaintiff's litigation history on the Federal Judiciary's Public Access to Court Electronic Records (“PACER”) Service. See http://pacer.uspci.uscourts.gov. It does not appear from that review that Plaintiff had accumulated three strikes for purposes of 28 U.S.C. § 1915(g) as of the date this action was commenced.
Upon review, the Court finds that Plaintiff has submitted a completed IFP application which has been certified by an appropriate official at his facility (Dkt. No. 2), and which demonstrates economic need. See 28 U.S.C. § 1915(a)(2). Plaintiff has also filed the inmate authorization required in the Northern District. (Dkt. No. 3.)
Accordingly, Plaintiff's application to proceed with this action IFP is granted. (Dkt. No. 2.)
III. LEGAL STANDARD FOR INITIAL REVIEW OF THE COMPLAINT
Having found that Plaintiff met the financial criteria for commencing this action in forma pauperis, the Court must consider the sufficiency of the allegations set forth in the Complaint in light of 28 U.S.C. §§ 1915(e). Section 1915(e) of Title 28 of the United States Code directs that, when a plaintiff seeks to proceed in forma pauperis, “the court shall dismiss the case at any time if the court determines that- . . . (B) the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see also 28 U.S.C. 1915A(a) (“The court shall review . . . as soon as practicable . . . a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.”).
To determine whether an action is frivolous, a court must look to see whether the complaint “lacks an arguable basis in either law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Additionally, when reviewing a complaint, a court may also look to the Federal Rules of Civil Procedure. Rule 8 of the Federal Rules of Civil Procedure provides that a pleading which sets forth a claim for relief shall contain, inter alia, “a short and plain statement of the claim showing that the pleader is entitled to relief.” See Fed.R.Civ.P. 8(a)(2). The purpose of Rule 8 “is to give fair notice of the claim being asserted so as to permit the adverse party the opportunity to file a responsive answer, prepare an adequate defense and determine whether the doctrine of res judicata is applicable.” Powell v. Marine Midland Bank, 162 F.R.D. 15, 16 (N.D.N.Y. 1995) (McAvoy, C.J.) (quoting Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977)).
A court should not dismiss a complaint if the plaintiff has stated “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), rev'd on other grounds, 682 Fed.Appx. 30. “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.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). While the court should construe the factual allegations in the light most favorable to the plaintiff, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Ashcroft, 556 U.S. at 678. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555). Rule 8 “demands more than an unadorned the-defendant-unlawfully-harmed-me accusation.” Id. Thus, a pleading that contains only allegations which “are so vague as to fail to give the defendants adequate notice of the claims against them” is subject to dismissal. Sheehy v. Brown, 335 Fed.Appx. 102, 104 (2d Cir. 2009).
“[E]xtreme caution should be exercised in ordering sua sponte dismissal of a . . . complaint before the adverse party has been served and [the] parties . . . have had an opportunity to respond.” Anderson v. Coughlin, 700 F.2d 37, 41 (2d Cir. 1983). The Court, however, also has an overarching obligation to determine that a claim is not legally frivolous before permitting a plaintiff's complaint to proceed. See, e.g., Fitzgerald v. First East Seventh St. Tenants Corp., 221 F.3d 362, 363 (2d Cir. 2000) (holding that a district court may sua sponte dismiss a frivolous complaint, notwithstanding the fact that the plaintiff paid the statutory filing fee). “Legal frivolity . . . occurs where ‘the claim is based on an indisputably meritless legal theory [such as] when either the claim lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the complaint.” Aguilar v. United States, 99-MC-0304, 99-MC-0408, 1999 WL 1067841, at *2 (D. Conn. Nov. 8, 1999) (quoting Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998)); see also Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[D]ismissal is proper only if the legal theory . . . or factual contentions lack an arguable basis.”); Pino v. Ryan, 49 F.3d 51, 53 (2d Cir. 1995) (“[T]he decision that a complaint is based on an indisputably meritless legal theory for purposes of dismissal under section 1915(d), may be based upon a defense that appears on the face of the complaint.”).
IV. ANALYSIS
In addressing the sufficiency of a plaintiff's complaint, the court must construe his pleadings liberally. Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 191 (2d Cir. 2008). Having reviewed Plaintiff's Complaint with this principle in mind, I recommend that all causes of action be dismissed.
Federal courts have “no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.” Cohens v. Virginia, 19 U.S. 264, 404 (1821). In Younger, the Supreme Court recognized a limited exception to this general rule, holding that federal courts should abstain from exercising jurisdiction over suits to enjoin pending state criminal proceedings, absent a showing of bad faith, harassment, or a patently invalid state statute. See Younger v. Harris, 401 U.S. 37, 53-54 (1971) (citation omitted).
Younger is not based on an Article III requirement, but instead is a “prudential limitation on the court's exercise of jurisdiction grounded in equitable considerations of comity.” Spargo v. New York State Comm'n on Judicial Conduct, 351 F.3d 65, 74 (2d Cir. 2003) (citations omitted). The rationale behind Younger was set forth by the Second Circuit in Spargo:
Our Federalism in its ideal form, as the Supreme Court explained in Younger, strives towards a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States. In recognition of this balance of interests, Younger generally prohibits courts from taking jurisdiction over federal constitutional claims that involve or call into question ongoing state proceedings so as to avoid unnecessary friction. Giving states the first opportunity . . . to correct their own mistakes when there is an ongoing state proceeding serves the vital purpose of reaffirm[ing] the competence of the state courts, and acknowledging the dignity of states as co-equal sovereigns in our federal system.Spargo, 351 F.3d at 75 (internal quotations and citations omitted).
To determine whether abstention is appropriate under Younger, district courts must conduct a three-pronged inquiry: “[a]bstention is mandatory where: (1) ‘there is an ongoing state proceeding; (2) an important state interest is implicated; and (3) the plaintiff has an avenue open for review of constitutional claims in the state court.'” Glatzer v. Barone, 394 Fed.Appx. 763, 764 (2d Cir. 2010) (quoting Liberty Mutual Ins. Co. v. Hurlbut, 585 F.3d 639, 647 (2d Cir. 2009)). The Supreme Court, however, has stressed that “[c]ircumstances fitting within the Younger doctrine . . . are ‘exceptional'” and include only “‘state criminal prosecutions,' ‘civil enforcement proceedings,' and ‘civil proceedings involving certain orders that are uniquely in furtherance of the state courts' ability to perform their judicial functions.'” Sprint Commc'ns, Inc. v. Jacobs, 571 U.S. 69, 73 (2013) (quoting New Orleans Public Service, Inc. v. Council of City of New Orleans, 491 U.S. 350, 367-68 (1989)).
A. First Prong
Under Younger's first prong, “[n]ot only must state proceedings be pending[,] . . . the proceedings must have been initiated ‘before any proceedings of substance on the merits have taken place in the federal court.'” Liberty Mut. Ins. Co. v. Hurlbut, 585 F.3d 639, 647 (2d Cir. 2009) (quoting Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229, 238 (1984)). Additionally, “a party . . . must exhaust his state appellate remedies before seeking relief in the District Court[.]” Glatzer v. Barone, 394 Fed.Appx. 763, 765 (2d Cir. 2010) (quoting Huffman v. Pursue, Ltd., 420 U.S. 592, 608, 610 (1975)).
Here, based on the allegations contained in the Complaint there is presently an ongoing state criminal proceeding against Plaintiff. (Dkt. No. 1 at 9 [alleging that Defendants “initiated and continue proceeding against [Plaintiff]” the charge of criminal possession of a weapon].) Thus, since Plaintiff “face[s a] pending proceeding[] before the state court, [that] proceeding[] . . . qualif[ies] as ongoing under Younger regardless of whether Plaintiff[] decide[s] to file an appeal.” Pervu v. City of Oneonta, 19-CV-0861, 2020 WL 1643392, at *5 (N.D.N.Y. Apr. 2, 2020) (D'Agostino, J.).
B. Second Prong
Younger's second prong, requiring that “an important state interest is implicated in that proceeding[,]” has also been met in the present matter. Diamond “D” Const. Corp. v. McGowan, 282 F.3d 191, 198 (2d Cir. 2002) (citing Grieve v. Tamerin, 269 F.3d 149, 152 (2d Cir. 2001)). “[D]etermining whether a state interest is ‘important' turns not on the narrow outcome of the particular state court proceeding at hand, but rather on the importance of the generic proceedings to the state.” Homere v. Inc. Vill. of Hempstead, 322 F.Supp.3d 353, 367 (E.D.N.Y. 2018) (citing New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 365 (1989); Grieve, 269 F.3d at 152).
“There is no question that [an] ongoing prosecution implicates important state interests.” Davis v. Lansing, 851 F.2d 72, 76 (2d Cir. 1988).
C. Third Prong
Younger's third and final prong requires that “the state proceeding afford[ ] the federal plaintiff an adequate opportunity for judicial review of the federal constitutional claims.” Diamond “D” Const. Corp., 282 F.3d at 198 (citing Grieve v. Tamerin, 269 F.3d 149, 152 (2d Cir. 2001)). “The relevant question under Younger is ‘whether the state's procedural remedies could provide the relief sought [not] . . . whether the state will provide' the constitutional ruling which the plaintiff seeks.” Spargo v. New York State Comm'n on Jud. Conduct, 351 F.3d 65, 79 (2d Cir. 2003) (alteration in original) (citation omitted).
Here, should Plaintiff be convicted, he may raise his constitutional claims on direct appeal or through collateral review of his conviction in state court. See Tyson v. Clifford, 18-CV-1600, 2018 WL 6727538, at *4 (D. Conn. Dec. 21, 2018) (plaintiff is “not precluded from challenging any subsequent conviction or sentence on appeal to the Connecticut Appellate and Supreme Courts, filing a habeas petition in the Connecticut Superior Court, and following that, a habeas petition in federal court”); Robinson v. Sposato, 11-CV-0191, 2012 WL 1965631, at *3 (E.D.N.Y. May 29, 2012) (direct appeal or collateral review provide “ample opportunity for review of petitioner's constitutional claim in state court”); Miller v. County of Nassau, 467 F.Supp.2d 308, 317 (E.D.N.Y. 2006) (plaintiff can raise arguments on appeal once state court judgment enters).
D. Bad Faith Exceptions
Even when a case has met all three of Younger's prongs, “federal relief is obtainable[,] . . . where [] there is a showing of bad faith or harassment in bringing the or conducting the state proceeding.” Wandyful Stadium, Inc. v. Town of Hempstead, 959 F.Supp. 585, 591 (E.D.N.Y. 1997) (citing Younger, 401 U.S. at 50). “[F]or such a showing to be made, generally ‘the party bringing the state action must have no reasonable expectation of obtaining a favorable outcome.'” Homere, 322 F.Supp.3d at 368 (quoting Cullen v. Fliegner, 18 F.3d 96, 103 (2d Cir. 1994)) (citation omitted); see also Kugler v. Helfant, 421 U.S. 117, 126 n.6 (1975) (noting that bad faith under Younger “generally means a prosecution has been brought without a reasonable expectation of obtaining a valid conviction”). Furthermore, “[a] pattern of harassment both before and after institution of the state prosecution would be probative of the animus that attended the decision to prosecute.” Colonial First Properties, LLC v. Henrico Cnty. Virginia, 166 F.Supp.2d 1070, 1087 n.12 (E.D. Va. 2001).
Here, Plaintiff fails to allege facts plausibly suggesting that Defendants brought the state proceedings in bath faith, i.e., with “no reasonable expectation of obtaining a favorable outcome.” Cullen v. Fliegner, 18 F.3d 96, 103 (2d Cir. 1994).
Plaintiff alleges that Defendants targeted him because he is an African American man and they would like to “revitalize certain communities in the City of Utica” with the goal of a “promise[d] reelection.” (Dkt. No. 1 at 9-11.) However, these “allegations [of bad faith and harassment] are too conclusory and barebones to serve as the factual predicate for a plausible finding of bad faith.” DeMartino v. New York State Dep't of Labor, 167 F.Supp.3d 342, 355-56 (E.D.N.Y. 2016); see Pervu, 2020 WL 1643392, at *7 (finding that the plaintiff's allegations that the defendants submitted misleading photographs to establish code violations in state court and the plaintiff's allegation that the state court judgment was jurisdictionally defective, were too conclusory to plausibly suggest bad faith for purposes of Younger abstention).
As a result, I recommend that the Court “abstain from exercising subject matter jurisdiction” over Plaintiff's claims. Wilson v. Emond, 373 Fed.Appx. 98, 100 (2d Cir. 2010).
Moreover, to the extent that Plaintiff seeks monetary damages his claims may be barred by the doctrine of prosecutorial immunity. “[P]rosecutorial immunity is a form of absolute immunity that shields [a] prosecutor acting in the role of an advocate in connection with a judicial proceeding . . . for all acts intimately associated with the judicial phase of the criminal process.” Carroll v. Trump, 23-CV-1045, 23-CV-1146, 2023 WL 8608724, at *1 n.4 (2d Cir. Dec. 13, 2023) (quoting Simon v. City of New York, 727 F.3d 167, 171 (2d Cir. 2013) (quoting Imbler v. Pachtman, 424 U.S. 409, 430 (1976)) (internal quotation marks omitted).
V. OPPORTUNITY TO AMEND
Generally, a court should not dismiss claims contained in a complaint filed by a pro se litigant without granting leave to amend at least once “when a liberal reading of the complaint gives any indication that a valid claim might be stated.” Branum v. Clark, 927 F.2d 698, 704-05 (2d Cir. 1991); see also Fed.R.Civ.P. 15(a)(2) (“The court should freely give leave when justice so requires.”). An opportunity to amend is not required, however, where “the problem with [the plaintiff's] causes of action is substantive” such that “better pleading will not cure it.” Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); see also Cortec Indus. Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991) (“Of course, where a plaintiff is unable to allege any fact sufficient to support its claim, a complaint should be dismissed with prejudice.”). Stated differently, “[w]here it appears that granting leave to amend is unlikely to be productive, . . . it is not an abuse of discretion to deny leave to amend.” Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993); accord, Brown v. Peters, 95-CV-1641, 1997 WL 599355, at *1 (N.D.N.Y. Sept. 22, 1997) (Pooler, J.).
See also Carris v. First Student, Inc., 132 F.Supp.3d 321, 340-41 n.1 (N.D.N.Y. 2015) (Suddaby, C.J.) (explaining that the standard set forth in Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 796 (2d Cir. 1999)-that the Court should grant leave to amend “unless the court can rule out any possibility, however unlikely it might be, that an amended complaint would be successful in stating a claim”-is likely not an accurate recitation of the governing law after Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)), rev'd on other grounds, 682 Fed.Appx. 30.
Although I have serious doubts about whether Plaintiff can amend to assert an actionable claim, given that this is Plaintiff's initial complaint and out of an abundance of caution, I recommend that Plaintiff be permitted to amend his Complaint.
If Plaintiff chooses to file an amended complaint, he should note that the law in this circuit clearly provides that “‘complaints relying on the civil rights statutes are insufficient unless they contain some specific allegations of fact indicating a deprivation of rights, instead of a litany of general conclusions that shock but have no meaning.'” Hunt v. Budd, 895 F.Supp. 35, 38 (N.D.N.Y. 1995) (McAvoy, J.) (quoting Barr v. Abrams, 810 F.2d 358, 363 (2d Cir. 1987)); accord Pourzancvakil v. Humphry, 94-CV-1594, 1995 WL 316935, at *7 (N.D.N.Y. May 22, 1995) (Pooler, J.). Therefore, in any amended complaint, Plaintiff must clearly set forth facts that give rise to the claims, including the dates, times, and places of the alleged underlying acts, and each individual who committed each alleged wrongful act. In addition, the revised pleading should allege facts demonstrating the specific involvement of any of the named defendants in the constitutional deprivations alleged in sufficient detail to establish that they were tangibly connected to those deprivations. Bass v. Jackson, 790 F.2d 260, 263 (2d Cir. 1986). Finally, Plaintiff is informed that any such amended complaint will replace the existing Complaint, and must be a wholly integrated and complete pleading that does not rely upon or incorporate by reference any pleading or document previously filed with the Court. See Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (“It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.”).
ACCORDINGLY, it is
ORDERED that Plaintiff's application to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further
ORDERED that the Clerk of the Court (1) provide the Superintendent of the facility that Plaintiff has designated as his current location with a copy of Plaintiff's inmate authorization form (Dkt. No. 3) and notify that official that Plaintiff has filed this action and is required to pay the Northern District of New York the entire statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. § 1915; and (2) provide a copy of Plaintiff's inmate authorization form (Dkt. No. 3) to the Financial Deputy of the Clerk's office; and it is further respectfully
RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD Plaintiff's Complaint (Dkt. No. 1); and it is further
ORDERED that the Clerk of the Court shall file a copy of this order, report, and recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules.
The Clerk shall also provide Plaintiff with copies of all unreported decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam).
NOTICE: Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW . 28 U.S.C. § 636(b)(1) (Supp. 2013); Fed.R.Civ.P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)).
If you are proceeding Pro Se and served with this report, recommendation, and order by mail, three additional days will be added to the fourteen-day period, meaning that you have seventeen days from the date that the report, recommendation, and order was mailed to you to serve and file objections. Fed.R.Civ.P. 6(d). If the last day of that prescribed period falls on a Saturday, Sunday, or legal holiday, then the deadline is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. Fed.R.Civ.P. 6(a)(1)(C).