Trenece L. Harbour v. John Cryer, et al.

Summary

The United States District Court for the Northern District of Alabama considers Trenece L. Harbour’s objections to a magistrate judge’s report and a motion to amend a pro se 42 U.S.C. § 1983 complaint. The court vacates its prior partial dismissal order, adopts the recommendation, dismisses the official-capacity claims with prejudice and the remaining claims without prejudice, and permits the malicious prosecution claims against Detectives John Cryer and Jimmy Woodard to proceed. The court denies leave to amend as futile.

Holdings

1. A prisoner's objections are deemed filed when delivered to prison officials for mailing, and Harbour's objections were timely because they were dated before the deadline.
2. Although a pro se plaintiff generally must be given at least one opportunity to amend before dismissal with prejudice, leave may be denied when the proposed amendment would be futile because the amended complaint would still be subject to dismissal.
3. Prosecutors are absolutely immune from § 1983 claims based on conduct within their prosecutorial authority, including presenting evidence to a grand jury and appearing in court to support a warrant application.
4. The intracorporate conspiracy doctrine bars a civil-rights conspiracy claim when the alleged conspirators are employees of the same entity and act within the scope of their employment.

Questions Presented

1. Whether Harbour's objections to the magistrate judge's report were timely under the prisoner-mailbox rule.
2. Whether the claims against defendants in their official capacities for monetary relief were barred by the Eleventh Amendment.
3. Whether Harbour should receive leave to amend claims against Judge Turner and prosecutors Roberts and McVeigh when the proposed claims were futile because of lack of supporting facts or prosecutorial immunity.
4. Whether the conspiracy claim against Detectives Cryer and Woodard was barred by the intracorporate conspiracy doctrine.
5. Whether the false-arrest, malicious-prosecution, and other § 1983 claims should be dismissed or allowed to proceed under 28 U.S.C. § 1915A.

Disposition

other