IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
: Burke Co.; Cpt. PHILLIP DALENBERG, : Burke Co.; District Attorney DANIEL
CRAIG; PANSY GOELBEE, Deputy Clerk, :
Superior Court of Augusta-Richmond Co.; :
BRIDGET M. BEECHER, Clerk; Judge
: ALBERT M. PICKETT; Judge WILLIAM : M. FLEMING, JR.; NORMA H. ROWE,
: Valdosta State Prison; Officer JACKSON, : VSP; Cpt. TOD MORRIS, VSP; Lt.
Pursuant to 28 U.S.C. \u00a7 1915(e)(2), the Court is required to review complaints filed by prisoners against a governmental entity or its employees and dismiss any portion of the complaint the Court finds: (1) is frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. An action is frivolous when the plaintiff's legal theory or factual contentions lack an arguable basis either in law or fact.Neitzke v. Williams, 490 U.S. 319, 325 (1989). In determining whether a cause of action fails to state a claim on which relief may be granted, as contemplated by Federal Rule of Civil Procedure 12(b)(6), the Court must dismiss \u201cif as a matter of law \u2018it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations,\u2019 . . . without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one.\u201dNeitzke, 490 U.S. at 327 (quoting Hishonv. King & Spalding, 467 U.S. 69, 73 (1984)).
In order to state a claim for relief under section 1983, a plaintiff must allege two elements. First, the plaintiff must allege that an act or omission deprived him of a right, privilege, or immunity secured by the Constitution of the United States.See Wideman v. Shallowford Community Hosp.,
Plaintiff makes wide-ranging allegations relating to his intermittent confinement at the Burke County Jail (\u201cBCJ\u201d) from 1998 to 2000 and his confinement at Valdosta State Prison (\u201cVSP\u201d) from August 2003 to 2006. Plaintiff names the following defendants: (1) Greg Coursey, Sheriff, Burke County; (2) Captain John H. Bush, BCJ; (3) Lt. Wayne Scott, BCJ; (4) Captain Phillip Dalenberg, BCJ; (5) District Attorney Daniel Craig, Augusta-Richmond County; (6) Pansy Goelbee, Deputy Clerk, Superior Court of Augusta-Richmond County; (7) Bridget M. Beecher, Clerk, Superior Court of Augusta-Richmond County; (8) Judge Albert M. Pickett, Superior Court of Augusta-Richmond County; (9) Judge William M. Fleming, Jr., Superior Court of Augusta-Richmond County; (10) Norma H. Rowe, Court Reporter; (11) Georgia Department of Corrections; (12) Officer Kilgore, VSP; (13) Officer Jackson, VSP; (14) Captain Tod Morris, VSP; (15) Officer Hollis, VSP; (16) Lieutenant Ridall, VSP; (17) Dr. Brooks; (18) Dr. Cynthia Brown; (19) Leslie Lunney, VSP Mental Health Director; (20) VSP Warden Donald Barrow; (21) Dr. Vidale; (22) Dr. Abernathy; (23) Greg Fisher, Mental Health Counselor, VSP; (24) Captain D. Griffin, VSP; (25) Lieutenant K. Johnson, VSP; (26) J. Darrell Hart, Deputy Warden, VSP; and (27) Ted Philbin, Deputy Warden, VSP. A number of plaintiff\u2019s claims are extremely unclear and are not linked to any of the named defendants. As best the Court can determine, plaintiff\u2019s claims appear to be as follows.
As to the BCJ defendants, plaintiff\u2019s claims include that in December 1998, defendant Captain John H. Bush, Jr., poisoned plaintiff with arsenic; that plaintiff was \u201cfalsely imprisoned\u201d; that defendant Judge Albert M. Pickett changed plaintiff\u2019s bond after an unidentified deputy sheriff testified he saw plaintiff with a sawed-off shotgun; and that he was \u201cdoped up\u201d on mental health drugs during his sentencing.
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