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Doss v. Lexington Fayette Urban County Government

United States District Court, E.D. Kentucky, Central Division, Lexington

July 14, 2015

ANGEL PASTOR DOSS, Plaintiff,
v.
LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT, et al, Defendants.

MEMORANDUM OPINION AND ORDER

KAREN K. CALDWELL, Chief District Judge.

This matter is before the Court to address several motions filed by the parties.

Background

Angel Pastor Doss is a resident of Louisville, Kentucky. On January 16, 2015, Doss filed a civil complaint against the Lexington-Fayette Urban County Government ("LFUCG"), the Boone County Fiscal Court ("BCFC"), [1] and the Commonwealth of Kentucky ("Kentucky"). In his complaint, Doss indicates that he has extensive experience working as a "jockey agent" for the thoroughbred horse industry. [R. 7, p. 2] Although the allegations in his complaint are somewhat disjointed and unclear, Doss indicates that on January 22, 2014, he was arrested for speeding while driving on Interstate 64, perhaps in Boone County. [R. 7, p. 3] Doss was arraigned on that charge in Louisville, Kentucky, and was then transferred to the Fayette Circuit Court in Lexington, Kentucky, to answer a charge that he had violated the terms of his probation. Id .

Doss was released on his own recognizance on February 7, 2014. On April 24, 2014, Doss moved to discharge the public defender assigned to represent him in the probation revocation case. Following proceedings on May 22, 2014, the probation revocation charges were dismissed on June 28, 2014. [R. 7, p. 5] However, on July 28, 2014, Kentucky's Department of Transportation suspended Doss's driver's license, and gave him thirty days to respond. Doss alleges that at an August 28, 2014, hearing before the Boone Circuit Court, the presiding judge "allowed [plaintiff] to leave the court room with driving privileges..." Although his next allegation is unclear, Doss suggests that on October 2, 2014, he filed a motion to reopen the case in the Boone Circuit Court because he was tried in abstentia; however, he was ordered to pay the remaining fine or face jail time. [R. 7, p. 5] Doss indicates that his driving privileges were restored on January 20, 2015.

Doss's first amended complaint sets forth seven claims. Dodd contends that:

1. All of the defendants violated 18 U.S.C. §§ 241, 242 - federal statutes which criminalize deprivations of, or conspiracies to violate, federal civil rights - by "violat[ing] my free exercise and enjoyment of rights and privileges secured by the Constitution or laws of the United States."
2. All of the defendants violated Ky. Rev. Stat. 30.125 - which requires circuit court clerks to report the final disposition of criminal cases to Kentucky's Administrative Office of the Courts - by failing to preserve and disclose evidence and breaching an unidentified contract.
3. LFUCG and Kentucky violated Kentucky's implementation of the Interstate Agreement on Detainers, Ky. Rev. Stat. 440.450, and Interstate Compact for Adult Offender Supervision, Ky. Rev. Stat. 439.561.
4. All of the defendants violated 18 U.S.C. §§ 1505, 1506, 1510, 1512, 1513, 1514, 1514A, 1516, and 1519 - federal statutes which criminalize or provide remedies for acts to obstruct justice - by "dishonest management and failing to uphold a sworn oath of office."
5. All of the defendants violated 18 U.S.C. § 371 - which criminalizes offenses or frauds directed against the United States - by "mis[using] confidential information."
6. LFUCG and Kentucky "used defamatory language which caused injury to my reputation."
7. BCFC violated 18 U.S.C. § 3585(b) by not "allow[ing] for time served."

[R. 7, pp. 5-8][2] For relief, Doss seeks $12.15 million in damages from LFUCG, $5.05 million in damages from BCFC, and from Kentucky, Doss requires "employment as Kentucky's ...


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