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Gonzales v. Palmiter

United States District Court, W.D. Kentucky, at Owensboro

April 29, 2014

OSCAR UMAR GONZALEZ Plaintiff,
v.
DETECTIVE PALMITER et al., Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, Jr., Chief District Judge.

Plaintiff Oscar Umar Gonzalez, a convicted prisoner currently incarcerated in the Eastern Kentucky Correctional Complex, filed a pro se complaint (DN 1) under 42 U.S.C. § 1983. Thereafter, he filed a motion to supplement (DN 10). Because the motion to supplement does not contain allegations occurring after the filing of the complaint but seeks to add another claim involving the same facts as alleged in the original complaint, see Fed.R.Civ.P. 15, the Court CONSTRUES the motion to supplement as a motion to amend and GRANTS the motion to amend (DN 10).

This matter is before the Court for initial review of the complaint and its amendment pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the reasons that follow, the Court will dismiss the action.

I. SUMMARY OF CLAIMS

Plaintiff sues the following six Defendants in their individual and official capacities: Daviess County Sheriff's Office Detective Palmiter; Owensboro Police Department Detective Mike Staples; Daviess Circuit Court Judge Joe W. Castlen III;[1] Michael Van Meters, a prosecuting attorney in Daviess County; Laura McCain, employed by Highland Elementary School; and Department of Social Services Social Worker Tonya Hamilton.

Plaintiff first claims that on March 30, 2010, Detective Staples illegally transferred "a minor, under the age of 16, from one location to another not being a hospital' for an emergency, without consent from either parent[2] and improperly and illegally questioned said minor for a period over two (2) hours, without correct and legal procedures." He states that these actions violated the parents' and child's due process rights under the Fourteenth Amendment.

Similarly, regarding Detective Palmiter, Plaintiff claims that on March 30, 2010, he, too, "illegally assumed custody of a minor under the age of 16 without parental consent or proper procedure to secure the seizure by courts." Plaintiff charges Detective Palmiter "with transfering a minor under the age of 16 from one location to another, not being a hospital' for emergency only, thus restraining and transfering illegally in violation of the childs and parents Federally protected rights under the 14th Amendment to the U.S. Constitution."

As to Laura McCain of Highland Elementary School, Plaintiff asserts that on March 30, 2010, she "irresponsibly took charge of interrogating a minor under the age of 13, " violating the due process rights of the child and parents under the Fourteenth Amendment. Plaintiff continues that McCain "proceeded to interrogate a minor as her testimony in affidavit confirms, without' any monitoring audio/video devices, in a coercive manner from minor by leading questions, as per her testimony in affidavit immediately after incident." Plaintiff charges McCain with "transferring custody of minor under the age of 13, illegally and in violation of... [the] 14th Amendment, without warrant or proper' procedure."

Plaintiff charges Social Worker Hamilton with "aiding and abetting the crime of illegally holding a minor under the age of 13, illegally, without consent from parents or warrant from Judge, and with questioning minors without their parents present... for more than two (2) hours" in violation of the Fourteenth Amendment's Due Process Clause.

In the amendment, Plaintiff also alleges a Fourth Amendment violation by Defendants Staples, Palmiter, McCain, and Hamilton based on "their illegal seizure of minors and complicity to the act, which can be construed as a kidnap of minors...."

With respect to prosecuting attorney Van Meters, Plaintiff charges him "with substantial miscarriage of justice by tampering with the jury in the trial of [Plaintiff] on Jan 17-20, 2010, in violation of... [the] 14th Amendment & 6th Amendment, and by knowingly deceiving jury as he admitted in Judges chambers in video."

Finally, as to Judge Castlen, Plaintiff charges him "with substantial miscarriage of justice which he allowed Federally protected rights under the U.S. Constitution to be violated under his authority and failed to act." He claims that Judge Castlen "knowingly allowed Michael Staples, Ms. Laura McCain, Tonya Hamilton Det. Palmiter and Mike Van Meters to submit illegally acquired, illegally obtained evidence that was used for conviction in his court."

As relief, Plaintiff seeks monetary damages in the amount of $300, 000 "per year (loss income)" and punitive damages in the amount of $1, 000 "per day since 3/31/11[3] date of illegal arrest and imprisonment." He also seeks an injunction voiding ...


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