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Banard Jackson v. Hardin County Drug Task Force DEA

United States District Court, W.D. Kentucky, Louisville

April 3, 2018

JAMES FARON BANARD JACKSON PLAINTIFF
v.
HARDIN COUNTY DRUG TASK FORCE DEA et al. DEFENDANTS

          MEMORANDUM OPINION

          Charles R. Simpson III, Senior Judge United States District Court.

         This matter is before the Court on initial review of Plaintiff James Faron Banard Jackson's pro se complaint (DN 1) and amended complaints (DNs 7 & 11) pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the action will be dismissed.

         I. SUMMARY OF CLAIMS

         A. Complaint (DN 1)

         Plaintiff, a convicted inmate incarcerated in the Hardin County Detention Center (HCDC), initiated this action by filing two motions “To File Criminal Charges Of Conspiracy Of Attempted Murder” (DN 1), which were docketed collectively as the complaint. In the first motion, Plaintiff seeks “to file criminal charges against the Drug Enforcement Agency Hardin County Greater Narcotics Unit Drug Task Force for entrapment to conspiracy of attempted murder and still today 02-06-2018 attempting to murder me at the [HCDC] in a huge arsenic conspiracy of paranoia.”

         In the second motion, Plaintiff indicates that he wants criminal charges brought against the following entities/person: (1) Drug Enforcement Agency Hardin County Greater Narcotics Unit Drug Task Force; (2) Elizabethtown Police Department; (3) HCDC; (4) Southern Health Partners (SHP); (5) Joe Lynn Jackson, Sr., who Plaintiff identifies as his father and retired Elizabethtown Police Department Lieutenant and retired Hardin County Sheriff's Deputy; (6) the Commonwealth of Kentucky; and (7) the “Ky. D.O.C., ” presumably the Kentucky Department of Corrections (KDOC). He seeks criminal charges against the foregoing Defendants based on the following:

a huge arsenic conspiracy of paranoia to murder me while incarcerated at . . . the [HCDC] where they conspire with other inmates offering them their freedom to help subject drugs and poisons on me primairly chromium copper arsenate (arsenic) to kill me so a large sum of life insurance can be collected upon my death and to frame me for murders law enforcement here Hardin County Drug Task Force, Elizabethtown Police covered up here and possibly others in surrounding counties, all to match a letter my father wrote[1] 02-28-2014 that sets me up to look so I am suicidal, homicidal etcetera.

         Plaintiff claims that the letter written by his father is a lie and that medical records from HCDC from January 9, 2014, to July 18, 2014, “clearly show malice and criminal intent to cause permanant damage and or death to me here then say I overdosed on drugs, committed suicide, heart attack (paranoid schizophrenic) which I am not.” He further claims that he has “information to solve cold case murders missing persons etc. that they plan to say I committed by having another inmate to write a letter to someone somewhere after I am dead if so they do succeed.” He continues, “bring me forth and you will know what I say is nothing but the truth. I was drugged in 2014 with four drugs in hole here where I am at today entrapped then did the time tortured entrapped again by DEA famil[y] and friends being drugged and poisoned again.” Plaintiff claims that he was arrested and “entrapped” in HCDC on December 3, 2017, “by a girl they used to do so . . . the same type entrapment in 2013 (2014) by another female . . . [who] conspired with Meade County Drug Task Force.” Finally, he contends that medical records and his “court records of 2013 circuit court completely concur and clearly will show conspiracy to murder me.”

         B. First Amended Complaint (DN 7)

         Plaintiff filed the first amended complaint on a form for filing a complaint pursuant to 42 U.S.C. § 1983. As Defendants, Plaintiff names (1) the “Hardin County Greater Narcotics Unit Drug Task Force DEA”; (2) Joe Lynn Jackson, Sr., his father, in his individual and official capacities; and the following Detectives on the Hardin County Drug Task Force in their official capacities: (3) Clinton Turner; (4) Jonathon Curl; (5) Robert Green; and (6) Pete Chitla.

         Plaintiff makes many of the same claims he made in his complaint. For instance, he claims that unspecified persons are “Drugging me refusing me my medical records.” He further claims:

This is huge town government entrapment arsenic conspiracy of paranoia to entrap me into [HCDC] and [KDOC] where in 2014 . . . I was entrapped into jail and prison by a girl I was dating . . . and now again 12-03-2017 by another girl I was dating . . . to get me here to kill me say I committed murders and numerous other criminal acts that others committed.

         Plaintiff alleges that his two girlfriends, members of his family, and numerous “so called friends have been trying for some time to set me up to have murder weapons in my possession, to also make it look so I have been making and selling drugs meth, spice, heroin, etc. . . .” He claims that he has tried to report murders and other criminal acts but that law enforcement officers “run from me and ignore me.”

         On the form, Plaintiff also references Hardin County District Court Case No. 17-M-01019 ...


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