United States District Court, M.D. Alabama, Eastern Division
September 29, 2014
JAMES BEAUFORD LAMB, JR., #238 981, Plaintiff,
MARK ALLEN TREADWELL, Defendant.
RECOMMENDATION OF THE MAGISTRATE JUDGE
CHARLES S. COODY, Magistrate Judge.
Plaintiff, an inmate incarcerated at the Staton Correctional Facility in Elmore, Alabama, files this 42 U.S.C. § 1983 action against attorney Mark Treadwell. Plaintiff complains that Defendant's representation of him during his criminal trial proceedings before the Circuit Court for Tallapoosa County, Alabama, was deficient which deprived him a fair trial in violation of his constitutional rights. For relief, Plaintiff seeks a determination regarding the effectiveness of Defendant's trial performance. Upon review of the complaint, the court concludes that dismissal of this case prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).
A. Defendant Treadwell
Plaintiff complains that Defendant Treadwell provided ineffective assistance of counsel during his criminal court proceedings. An essential element of a 42 U.S.C. § 1983 action is that a person acting under color of state law committed the constitutional violation about which the plaintiff complains. American Manufacturers Mutual Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999); Parratt v. Taylor, 451 U.S. 527, 535 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327, 328 (1986); Willis v. University Health Services, Inc., 993 F.2d 837, 840 (11th Cir. 1993). To state a viable claim for relief under § 1983, a plaintiff must assert "both an alleged constitutional deprivation... and that the party charged with the deprivation [is] a person who may fairly be said to be a state actor.'" American Manufacturers, 526 U.S. at 50 (emphasis in original) (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982)). An attorney who represents a defendant in criminal proceedings does not act under color of state law. Polk County v. Dodson, 454 U.S. 312, 324 (1981); Mills v. Criminal District Court No. 3, 837 F.2d 677, 679 (5th Cir. 1988) ("[P]rivate attorneys, even court-appointed attorneys, are not official state actors and... are not subject to suit under section 1983."). Since the conduct about which Plaintiff complains was not committed by a person acting under color of state law, the § 1983 claims asserted against Defendant Treadwell are frivolous because they lack an arguable basis in law. Neitzke v. Williams, 490 U.S. 319, 328 (1989). Such claims are, therefore, due to be dismissed under 28 U.S.C. § 1915(e)(2)(B)(i).
B. The Challenge to Plaintiff's Conviction
To the extent Plaintiff's claims regarding trial counsel's performance attempts to challenge the validity of the criminal convictions entered against him by the Circuit Court for Tallapoosa County, Alabama, such claims may not proceed in a § 1983 action. Plaintiff's claims go to the fundamental legality of his confinement and provide no basis for relief at this time. Edwards v. Balisok, 520 U.S. 641, 646 (1997); Heck v. Humphrey, 512 U.S. 477, 486-87 (1994); Preiser v. Rodriguez, 411 U.S. 475, 500 (1973).
In Heck, the Supreme Court held that a claim for damages challenging the legality of a prisoner's conviction or confinement is not cognizable in a 42 U.S.C. § 1983 action "unless and until the [order requiring such confinement] is reversed, expunged, invalidated, or impugned by the grant of a writ of habeas corpus" and complaints containing such claims must therefore be dismissed. 512 U.S. at 489. The Court emphasized that "habeas corpus is the exclusive remedy for a [confined individual] who challenges the fact or duration of his confinement and seeks immediate or speedier release, even though such a claim may come within the literal terms of § 1983" and concluded that Heck's complaint was due to be dismissed as no cause of action existed under section 1983. Id. at 481. In so doing, the Court rejected the lower court's reasoning that a section 1983 action should be construed as a habeas corpus action.
In Balisok, the Court further concluded that an inmate's "claim[s] for declaratory [and injunctive] relief and money damages, ... that necessarily imply the invalidity of the punishment imposed, is not cognizable under § 1983..." unless the inmate can demonstrate the challenged action has been invalidated. 520 U.S. at 648. The Court determined this is true not only when a prisoner challenges the judgment as a substantive matter but also when "the nature of the challenge to the procedures could be such as necessarily to imply the invalidity of the judgment." Id. at 645. When a prisoner challenges the legality or duration of his custody, or raises a constitutional challenge which could entitle him to an immediate or earlier release, his sole federal remedy is a writ of habeas corpus. Id. at 648; see also Wilkinson v. Dotson, 544 U.S. 74, 78 (2005); Preiser, 411 U.S. at 489. The Balisok Court "reemphasize[d] that... a claim either is cognizable under § 1983 and should immediately go forward, or is not cognizable and should be dismissed." 520 U.S. at 649.
Plaintiff's claims against Defendant Treadwell represent a challenge to the constitutionality of his criminal convictions. A judgment in favor of Plaintiff would imply the invalidity of these convictions. It is clear from the complaint that the convictions about which Plaintiff complains have not been invalidated in an appropriate proceeding. Consequently, the instant collateral attack on the convictions in question is prohibited as habeas corpus is the exclusive remedy for a state prisoner who challenges the validity of the fact or duration of his confinement. Balisok, 520 U.S. at 645-46; Heck, 512 U.S. at 487; Preiser, 411 U.S. at 488-490. Such attack is, therefore, subject to summary dismissal by this court under 28 U.S.C. § 1915(e)(2)(B)(ii).
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The § 1983 claims presented Mark Treadwell be DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i);
2. To the extent Plaintiff's claims seek to challenge to the constitutionality of the convictions and sentence imposed upon him by the Circuit Court for Tallapoosa County, Alabama, such claims be DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as they are not properly before the court at this time; and
3. This complaint be DISMISSED prior to service of process.
It is further
ORDERED that on or before October 13, 2014, Plaintiff may file an objection to the Recommendation. Any objection filed must specifically identify the findings in the Magistrate Judge's Recommendation to which Plaintiff objects. Frivolous, conclusive or general objections will not be considered by the District Court. Plaintiff is advised this Recommendation is not a final order and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and recommendations in the Magistrate Judge's report shall bar a party from a de novo determination by the District Court of issues covered in the report and shall bar a party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) ( en banc ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.