Keith B. Harris v. Garrick Lamb, et al.

Summary

The United States District Court for the Western District of Kentucky reviewed Keith B. Harris’s pro se civil-rights complaint under 28 U.S.C. § 1915A. The court allowed Harris’s Fourth Amendment wrongful-arrest claim against Deputy Garrick Lamb to proceed, but stayed it pending resolution of Harris’s related state criminal case. The court dismissed claims against the City of Princeton and a private store manager, as well as Harris’s requests for release and dismissal of the criminal charges.

Holdings

1. A municipal police department is not a person subject to suit under § 1983; the claim was properly construed as a claim against the City of Princeton.
2. The claims against the City of Princeton failed because Harris did not allege that a municipal policy or custom was the moving force behind the alleged constitutional violations.
3. Payne, a private store manager who called police regarding suspected possession of drugs, was not a state actor for purposes of § 1983, so the claims against him were dismissed.
4. The Fourth Amendment wrongful-arrest claim against Lamb could proceed but had to be stayed pending completion of Harris's state criminal case.
5. Release from confinement and dismissal of the pending criminal charges were unavailable remedies in this § 1983 action, so Harris's injunctive-relief claims were dismissed.

Questions Presented

1. Whether the complaint stated a § 1983 claim against the Princeton Police Department or City of Princeton.
2. Whether Dollar General manager Zachary Payne acted under color of state law for purposes of § 1983.
3. Whether Harris's Fourth Amendment wrongful-arrest claim against Deputy Lamb should proceed while the related state criminal case was pending.
4. Whether § 1983 permitted Harris to obtain release from confinement or dismissal of the state criminal charges.

Disposition

other