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Lawrence v. Strode

United States District Court, W.D. Kentucky, Bowling Green

October 6, 2014

MARCUS J. LAWRENCE, Plaintiff,
v.
JACKIE T. STRODE, et al., Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS B. RUSSELL, Senior District Judge.

Plaintiff Marcus J. Lawrence filed the instant pro se 28 U.S.C. § 1983 action proceeding in forma pauperis. This matter is before the Court on the initial review of the action pursuant to 28 U.S.C. § 1915A. Subsequent to filing the complaint, Plaintiff filed an amended complaint (DN 9), which the Court will construe as a motion to amend the complaint. IT IS ORDERED that the motion to amend (DN 9) is GRANTED. See Fed.R.Civ.P. 15(a)(1). Upon review of the complaint and amendment, the Court will dismiss the action.

I. SUMMARY OF ALLEGATIONS

Plaintiff is an inmate at the Kentucky State Reformatory (KSR). He sues Defendants Warren County Regional Jail (WCRJ) Jailer Jackie T. Strode; and the following employees of WCRJ: Captain Tim Wilson, Sergeant Johnathan Renfro, Deputy Chad Whittaker, Deputy Sandra Smallwood, Deputy Dillan, Deputy Henderson, Chief Deputy Captain Missy Causey, and Chief Deputy Captain Jeff Robinson. He sues each Defendant in his or her individual and official capacity.

Plaintiff states that on July 8, 2011, at 2:30 a.m. he was "lynched (without due process) with 5 Taser International Product devices while fully handcuffed and subdued. These devices were used a total of 11 cycles as application to cause physical and emotional pain and suffering." He further maintains, "This Calculated procedure of Human Torture was done directly in front of a recording surveillance video camera that was mounted on the wall in the WARREN COUNTY REGIONAL JAIL'S INTAKE/BOOKING/PROCESSING AREA."

Plaintiff maintains that Defendant Strode "is directly responsible for the preservation of the video tape and the conduct of all listed defendants." He states that the tasers "were used to torment, to inflict pain, torture and punishment that DID cause a 3 day Hospitalization...." He states that Defendants Wilson, Renfro, and Henderson used their taser devices.

Plaintiff contends that Defendant Whittaker "DID NOT use his device 7 times against [Plaintiff] directly in front of these recording cameras. Chad Whittaker was not even present during this assault and has been paid to testify to events that he was not involved in." Plaintiff states that Defendant Whittaker committed perjury and should be arrested for the destruction of the video. He maintains that Defendant Whittaker has testified on two separate occasions to two different stories. Plaintiff similarly states that Defendant Smallwood "was not a witness and was NOT present during this video recorded event period." He states that Defendant Smallwood "has been PAID BENEFITS to testify to events that never happened."

Plaintiff contends that Defendant Dillan withheld his identity and participated in the incident. He maintains that Dillan used a "point dive stun gun against the back of the head or the leg of Marcus J. as a fact. The Commonwealth has purposely made sure he has not appeared in ANY Hearing period." Plaintiff states that Defendant Dillan "assisted this excessive force, torture, assault, battery and HATE CRIME that was by fact committed the instance this recorded events video tape was purposely DESTROYED when every officer was of the white race."

Plaintiff states that Defendant Henderson also "used his point dive stun gun against Marcus J. directly in front of these cameras." He states that Defendant Henderson never came to any court hearings and was directly responsible for the video tape.

Plaintiff alleges that non-Defendant Officer Blake Alan Wilson was the arresting officer and was also involved in the alleged excessive force incident. He states that non-Defendant Officer Ryan Burman is a witness to Plaintiff's hospitalization and knows the facts of the events.

Plaintiff states that on December 10, 2013, and February 5, 2014, non-Defendant "Lamont Buford and 5 of white sheriff buddys were paid to use dangerous excessive force against Marcus J. during Court." He states that the officers attempted to break his arms and pointed tasers at him. He states that when he was in the court elevator five officers held a pointed a gun at his head while he was handcuffed and shackled. He states, "Officers were paid to find any excuse to use deadly force. This was a murder attempted that didn't go as... planned[.]" Plaintiff maintains that seven listed non-Defendants, including Steven Alan Wilson, the state court judge in his criminal case, planned the "murder" attempt. Plaintiff goes on to make allegations that these non-Defendants entered a "fraudulent indictment" and planted evidence stemming from the 2011 arrest. He states that non-Defendant Steven Alan Wilson and other non-Defendants have paid witnesses to testify and have committed perjury. He alleges a number of violations of criminal law.

In the amended complaint, Plaintiff states, "THIS IS A CIVIL RIGHTS ACTION AND HABEAS CORPUS RELIEF PETITION." He states that Defendant Causey committed perjury in two court hearings because she testified under a false name, Misty Edmonds, and that she "was not present during any event and is NOT a witness to any facts...." He takes issue with Defendant Causey's testimony concerning the destruction of the video tape of the alleged excessive force incident. He maintains that she "has been paid large sums of money to participate fraudulently as a witness for THE WARREN COUNTY REGIONAL JAIL...." He states that Defendant Causey violated federal laws, including obstruction of justice.

Plaintiff maintains that Defendant Robinson "is responsible for fraudulently trying to answer a grievance that was filed directly to his boss against his boss." He states, "These courts purposely has worked in conspiracy to the covering up of this event to the degree the prosecution was not never going to mention that 5 white police officers employed by the BOWLING GREEN POLICE DEPARTMENT conducted this illegal traffic stop were paid money to video record all the events that lead up to this traffic violation investigation." He goes on to allege a conspiracy among the prosecutor, the police and sheriff's departments, WCRJ, and the Warren County Circuit and District Courts to commit "multiple FEDERAL VIOLATIONS and OFFENSES willfully, purposely with motive and intent as public service peace officer and court trustee officials that does render every person involved liable to indictment in a UNITED STATES FEDERAL COURT without prejudice." He argues that the statute of limitations on his 42 U.S.C. § 1983 claim should start to run on December 10, 2013, the date of his trial. He states, "All persons' involved in this terrorist attack must be arrested today without delay if Jackie T. Strode does not have the recorded video tape for tyranny and treason against America and the UNITED STATES for purposely enforcing fraud and corruption." He further states, "I Marcus J. am INNOCENT due to the fact probable and reasonable cause can never be supported if the alleged traffic violation has been arbitrarily destroyed illegally that show and proves the violation never happened."

As relief, Plaintiff seeks compensatory and punitive damages and injunctive relief in the form of "immediate relief from todays illegal detention and imprisonment." He also requests the Court to "Grant the WRIT OF HABEAS CORPUS ...


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