Rickel Marquavius Jefferies v. Cedric D. Cheatham and Greenville County

Summary

The United States District Court for the District of South Carolina addresses objections to a magistrate judge’s Report and Recommendation in a pro se 42 U.S.C. § 1983 action brought by a pretrial detainee. The court dismisses claims against Greenville County and any speedy-trial claim with prejudice, declines injunctive relief concerning ongoing state criminal proceedings under Younger abstention, and grants leave to file a second amended complaint concerning specified claims for monetary damages. The court also denies requests under 42 U.S.C. § 14141 and 28 U.S.C. § 1446 and directs the plaintiff to file the second amended complaint within 21 days.

Holdings

1. The claims against Greenville County were dismissed with prejudice because Plaintiff made no substantive allegations against the County and his subsequent filings did not cure that deficiency.
2. The court would not grant injunctive relief, including a request to dismiss Plaintiff's state criminal charges, because the ongoing state proceedings satisfied Younger and Plaintiff failed to establish an applicable exception.
3. Any Sixth Amendment speedy-trial claim was dismissed with prejudice.
4. Plaintiff was granted leave to file a second amended complaint containing all claims and allegations he wished the court to consider.
5. Plaintiff's motion under the former 42 U.S.C. § 14141, now codified at 34 U.S.C. § 12601, was denied, and his request to remove the state criminal prosecution was denied as untimely and unavailable under the asserted statutory basis.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the action.
2. Whether Younger abstention barred Plaintiff's requests for injunctive relief concerning his ongoing state criminal proceedings.
3. Whether Plaintiff's allegations against Greenville County stated a claim.
4. Whether Plaintiff's Sixth Amendment speedy-trial claim could proceed under 42 U.S.C. § 1983.
5. Whether Plaintiff should be granted leave to file a second amended complaint to add factual allegations supporting his damages claims.
6. Whether Plaintiff could pursue relief under 34 U.S.C. § 12601 or remove his state criminal prosecution under 28 U.S.C. §§ 1446 or 1455.

Disposition

other