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Borden v. United States

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

February 15, 2017

JASON DEAN BORDEN PLAINTIFF
v.
UNITED STATES OF AMERICA DEFENDANT

MEMORANDUM OPINION

          GREG N. STIVERS, JUDGE.

         Plaintiff Jason Dean Borden, a federal pretrial detainee currently incarcerated in the Grayson County Detention Center (GCDC), initiated this action by filing a pro se “Lawsuit pursant to 28 U.S.C. § 2401(b) an 28 U.S.C. § 2675(A)” (DN 1). Thereafter, Plaintiff filed an amendment (DN 7) to the complaint. This matter is before the Court on initial review of the complaint and its amendment pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss the action.

         I. SUMMARY OF CLAIMS

         In the complaint (DN 1), Plaintiff indicates that he brings suit pursuant to 28 U.S.C. §§ 2401(b) and 2675(A) “against the United States of America concerning threats of ‘Wrongful Death' as ‘Personal Injures' suffered on December 28th 2015 in Federal Custody at GCDC[.]” He continues as follows:

Borden hereby brings this lawsuit an so deems the records Administrative Exhaustion, that based upon the actions, an/or in action, an/or Failure to Respond to Tort claims sent to the United States District Court, Western District of Kentucky an also sent the Sixth Circuit Court due to violations of the District Courts Orders to “Stricken” “Preclude” any [illegible] all pro se movings by Plaintiff Borden.
Borden here by entered Formal Lawsuit concerning his injuries suffered on December 28th 2015 due to Federal laws an Statutes “criminal acts” violated by Federal Employees ATF Agent David Hayse an U.S. Assistant Attorney Jo Ellen Lawless, an/or all concerning 1:15MJ-00022 an/or criminal Docket record for 1:15-CR-0004-GNS-1 and these matters here-in proving Borden is currently in fear for his life due to “Wrongful Death” an the furtherance of Personal Injury caused by these same Federal Employees AKA The United States of America . . . .
Wherefore the Plaintiff prays he be granted to proceed or suing the United States of America an all other relief he is entitled too by Federal Tort, State Tort, an U.S.C. Laws and Statutes of protection “Federal Witness Protections” and/or all relief.

(emphasis omitted).

         To the complaint, Plaintiff attaches 90 pages of exhibits, consisting primarily of medical records, newspaper articles, various filings captioned for his criminal action (1:15-CR-00004-GNS), and letters from Nancy Sue Douglas, Plaintiff's mother. Although not so specified in the complaint, the attachments indicate that Plaintiff claims that Defendants Lawless and Hayse made incorrect statements to a newspaper following a February 2015 post-arrest interview between Plaintiff and law enforcement and that because of those incorrect newspaper statements, Plaintiff ultimately was assaulted by inmates at GCDC on December 28, 2015, resulting in right leg injuries, i.e., “a shattered fibula, tibia, foot [and] toes broken.”

         In the amendment (DN 7), Plaintiff seeks to modify his action “with further evidence of fraud, Subterfuge as detailed in Roy Olmstead . . . vs. United States of America[.]” To the amendment, he attaches the caption of Olmstead v. United States of America, 72 L.Ed. 944. In the amendment, Plaintiff states as follows:

[Borden] having detailed the illegal actions of Jo Lawless, an David Hayse, prays that by this leave to Modify the District Court accepts the summarized original “Olmstead Act: violations of Jo Ellen Lawless, ATF Agent David Hayse along with the conspired actions of All Federal Employees instructed by Jo Ellen Lawless or given instructions, supervision, Judicial Review, for David Hayse, an Jo Ellen Lawless.
Borden, via Federal Lawsuit has detailed th combined illegal actions of the co-defendants as agents there-of, that occurred prior to the March 11, 2015 indictment of Borden.
Occurring afterward are continued illegal acts noted in Law suit, with Bordens life in Danger of Wrongful Death, an his injuries detailed in Medical records.
Borden hereby adds the Court record, Supreme Court decisions concerning the Olmstead Act, giving copies detailed as; If fraud, subterfuge, trespass, or theft is perpetrated by government officials, or if a government official participates directly or indirectly therein, the evidence thus secured is not admissible for the reason that it was secured in a manner which violates the provisions of the 4th an 5th Amendments to the constitution of the United States as committed directly by the ...

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