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Higgins v. Van Buren County Courts Administration

United States District Court, W.D. Michigan, Southern Division

November 1, 2019

MELVIN SERGIO HIGGINS, Plaintiff,
v.
VAN BUREN COUNTY COURTS ADMINISTRATION et al., Defendants.

          OPINION

          PAUL L. MALONEY, JUDGE

         This is a civil rights action brought by a pretrial detainee under 42 U.S.C. § 1983. Under the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. § 1997e(c). The Court must read Plaintiff's pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff's allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, the Court will dismiss Plaintiff's complaint because it is both frivolous and fails to state a claim.

         Discussion

         I. Factual allegations

         Plaintiff presently is incarcerated at the Center for Forensic Psychiatry, after being found incompetent to stand trial. Plaintiff sues the Van Buren County Courts Administration, the Van Buren County Sheriffs Administration, the 36th F.O.C. (Friend of the Court) Administration, and the Cass County Courts Administration.

         Plaintiff's amended complaint (ECF No. 9) is brief, but challenging to understand. The Court therefore will quote Plaintiff's allegations in their entirety:

(1) The Van Buren County Courts Admin endangered my life and allowed the attempt to murder/hurt/harm I, the Plaintiff on or about 11/8/2013. Also 2012-2019 as of 11-8-2018. Van Buren County Courts Admin also allowed the Van Buren County Sher[]if[f]s' Department and Admin to unlawfully charge/jail (imprison) I, the Plaintiff, on or about (11-08-2018) - (2019). By way of official misconduct, abuse, or power, endangerment (malicious prosecution and unlawful conviction on (05-05-2014). Knowingly, by both parties. The defendant of the attempt, A, Jessi Carothers.
(2) The Cass County Courts Admin allowed the Van Buren County Sher[]if[f]s' Dept. Admin to unlawfully charge/jail (imprison) I, the Plaintiff, on or about (11-08-2018) - (2019). By way of official misconduct, abuse of power, and endangerment.
(3) The Van Buren County Sher[]if[f]s' Dept Admin endangered my life and allowed the attempt to murder/hurt/harm I, the Plaintiff, on or about (11-08-2018) - (2019). By way of official misconduct, abuse of power, and endangerment.
(4) All three above defendants have been and were previously notified of my safety issues and the attempts to murder/hurt/harm I, the Plaintiff. They have ignored the notifications and awareness, and I continue to be harassed. Another notified attempt is my brother Hillie Higgins (as well as other possible & notified (named parties). Van Buren County continues to har[]ass me themselves, mainly by ignoring the notifications (calls & letters & personal request) and awareness.
(5) The Van Buren County F.O.C. denied me due process and entered a default judg[]ment to the paternity of a child, before the summons expiration date on or about (8/16/2018). The default was entered on or after a false report by person[n]el. (Van Buren County F.O.C. Admin and Person[n]el).

(Am. Compl., ECF No. 9, PageID.50.)

         Plaintiff also has filed three supplements to his complaint (ECF Nos. 14, 15, 16). The supplements consist of cover letters and attachments of “evidence” Plaintiff submits to support his claims. Plaintiff attaches a letter directed to Judge Kathleen Brickley of the Van Buren County Circuit Court, in which he states the following:

It is also my regret to place blame solely on a person (or it as it may seem) or official with so many others ...

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