5:25-cv-00296•Brown v. Oklahoma State of et al
Texto completo
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA EDWARD RENARDO BROWN, SR., ) ) Plaintiff, ) ) v. ) Case No. CIV-25-296-SLP ) STATE OF OKLAHOMA et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Plaintiff Edward Renardo Brown, Sr., a state prisoner proceeding pro se and in forma pauperis, brings this civil rights complaint against the State of Oklahoma and D.A. Fred C. Smith, of “CCDC,” in his individual and official capacity. Doc. 1, at 1, 4.1 He alleges a violation of his Fifth Amendment due process rights and his Eighth Amendment rights, and he seeks punitive damages. Id. at 6-8. United States District Judge Scott L. Palk referred the matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Docs. 4 & 22. The undersigned recommends the Court dismiss the complaint without prejudice based on Plaintiff’s failure to state a claim. 1 Citations to a court document are to its electronic case filing designation and pagination. Apart from alterations to capitalization, quotations are verbatim unless indicated. Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 1 of 11
2 I. Screening. Federal law requires this Court to screen complaints filed by parties proceeding in forma pauperis and prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a). The Court must dismiss the complaint, or any portion of the complaint, if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted” or seeks monetary relief from a defendant who is immune from such relief. Id. §§ 1915A(b), 1915(e)(2)(B). “To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). The complaint must contain sufficient factual matter, accepted as true, to ‘“state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556); see also Gee v. Pacheco, 627 F.3d 1178, 1184 (10th Cir. 2010) (discussing Iqbal standard). This Court construes “[a] pro se litigant’s pleadings . . . liberally,” holding them “to a less stringent standard than formal pleadings drafted by lawyers.” Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 2 of 11
3 Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991); see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam). The Court, however, may not serve as Plaintiff’s advocate, creating arguments on his behalf. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008). II. Plaintiff’s background and claims. Plaintiff is serving time in prison on two state felony convictions. In Comanche County Case No. CF-2023-633, Plaintiff entered a no contest plea in the state district court to first-degree manslaughter. See Oklahoma v. Brown, No. CF-2023-633 (docket entry dated Apr. 25, 2025), https://www.oscn.net/dockets/GetCaseInformation.aspx?db=comanche&numb er=CF-2023-633 (last visited Nov. 21, 2025).2 The court sentenced him to fifteen years’ imprisonment to be served concurrently with a previous felony conviction and two previous misdemeanor convictions.3 Id. (docket entries dated Apr. 25 & May 2, 2025). Plaintiff filed a notice of intent to appeal this 2 The undersigned takes judicial notice of the dockets in Plaintiff’s state criminal cases. See United States v. Ahidley, 486 F.3d 1184, 1192 n.5 (10th Cir. 2007) (exercising “discretion to take judicial notice of publicly-filed records in our court and certain other courts concerning matters that bear directly upon the disposition of the case at hand”). 3 These Comanche County misdemeanor convictions are for trespassing after being forbidden, CM-2020-1603 (sentenced to six months in jail after no contest plea), and malicious injury to property, CM-2020-1604 (sentenced to one year in jail after no contest plea). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 3 of 11
4 conviction and sentence on May 5, 2025. See id. (docket entry dated May 5, 2025). And in Comanche County Case No. CF-2020-84, a jury found Plaintiff guilty of second-degree burglary and the trial court sentenced him to ten years’ imprisonment. See Oklahoma v. Brown, No. CF-2020-584 (docket entries dated Oct. 21-22, 2024).4 The Oklahoma Court of Criminal Appeals (OCCA) affirmed this conviction and sentence on direct appeal on October 30, 2025. Brown v. Oklahoma, No. F-2024-858 (docket entry dated Oct. 30, 2025).5 In addition to these convictions, Plaintiff has five previous felony convictions in Comanche County for possession of marijuana (CF-1995-288), possession of cocaine with intent to distribute (CF-1996-112), entering with intent to steal copper (CF-2011-111), petit larceny after a former felony conviction, and possession of paraphernalia (CF-2017-586). In his complaint, Plaintiff alleges his “5th amendment right has been violated,” Doc. 1, at 6, his Eighth Amendment right has been violated, id. at 7, and that Defendants “are guilty of ‘slander, defamation of character, racial d[i]scrimination, malic[i]ous prosecution, [and] false imprisonment.’” Id. at 8. He explains he was “charged with Assault w/a Dangerous Weapon and [he] 4 https://www.oscn.net/dockets/GetCaseInformation.aspx?db=comanche& number=CF-2020-584 (last visited Nov. 21, 2025). 5 https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate& number=F-2024-858 (last visited Nov. 21, 2025). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 4 of 11
5 went to trial and was found not guilty” Id. at 7. He seeks punitive damages as relief. Id. at 7-8. III. Plaintiff fails to state a claim. A. Plaintiff sues immune Defendants. 1. The State of Oklahoma enjoys immunity from suit. Section 1983 is a “remedial vehicle for raising claims based on the violation of constitutional rights.” Brown v. Buhman, 822 F.3d 1151, 1161 n.9 (10th Cir. 2016). It authorizes relief against those who violate a person’s civil rights while acting under color of state law. West, 487 U.S. at 48. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . . 42 U.S.C. § 1983. To state a viable claim a plaintiff must allege that each government official, through the official’s own individual actions, has violated his Constitutional rights. See, e.g., Robbins v. Oklahoma, 519 F.3d 1242, 1250 (10th Cir. 2008 (“[I]t is particularly important in [a § 1983 action] that the complaint make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her, as distinguished from collective allegations against the state.”). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 5 of 11
6 Plaintiff names the State of Oklahoma as a Defendant. Doc. 1, at 1. But the State of Oklahoma is not a “person” under § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 67, 71 (1989) (“[N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983.”). And the State of Oklahoma is immune from suit. See Green v. Mansour, 474 U.S. 64, 68 (1985) (“Because of the Eleventh Amendment, States may not be sued in federal court unless they consent to it in unequivocal terms or unless Congress, pursuant to a valid exercise of power, unequivocally expresses its intent to abrogate the immunity.”).6 While Congress did create a private right of action under § 1983, it did not abrogate the states’ sovereign immunity from suit under the Eleventh Amendment. Muscogee (Creek) Nation v. Okla. Tax Comm’n, 611 F.3d 1222, 1227 (10th Cir. 2010); see also Quern v. Jordan, 440 U.S. 332 342-45 (1979). Nor has Oklahoma waived its Eleventh Amendment immunity by consenting to suit in federal court. See OKLA. STAT. tit. 51, § 152.1(B) (“[I]t is not the intent of the state to waive any rights under the Eleventh Amendment to the United States Constitution.”). In short, § 1983 “does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties.” Will, 491 U.S. at 66. The Court should thus dismiss Plaintiff’s claims against the State 6 The Court may raise the issue of immunity sua sponte. Colby v. Herrick, 849 F.3d 1273, 1278 (10th Cir. 2017). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 6 of 11
7 of Oklahoma for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(2) (authorizing the court to dismiss a claim that “seeks monetary relief from a defendant who is immune from such relief”). 2. Defendant Smith enjoys immunity from suit. a. Official capacity. A state officer sued in his or her official capacity also enjoys the protection the Eleventh Amendment provides. Colby, 849 F.3d at 1278 (“Damage claims against state officers in their official capacities trigger Eleventh Amendment immunity.”).7 “When a suit alleges a claim against a state official in his official capacity, the real party in interest in the case is the state, and the state may raise the defense of sovereign immunity under the Eleventh Amendment.” Callahan v. Poppell, 471 F.3d 1155, 1158 (10th Cir. 2006) (internal quotation marks omitted). So the Court should dismiss Plaintiff’s claims against Defendant Smith in his official capacity. Colby, 849 F.3d at 1278. b. Individual capacity. “A prosecutor is absolutely immune from civil liability for damages for acts he undertakes ‘in preparing for the initiation of judicial proceedings or for 7 See, e.g., Erikson v. Pawnee Cnty. Bd. of Cnty. Comm’rs, 263 F.3d 1151, 1153-54 (10th Cir. 2001) (affirming district court’s conclusion that “under Oklahoma law, a district attorney is an arm of the state”). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 7 of 11
8 trial, and which occur in the course of his role as an advocate for the State.’” Butler v. Rainbolt, 2024 WL 3548936, at *2 (10th Cir. 2024) (quoting Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)); see Gradle v. Oklahoma, 203 F. App’x 179, 182 (10th Cir. 2006) (“Prosecutors enjoy absolute immunity to liability under § 1983 for actions ‘within the scope of their prosecutorial duties.’” (quoting Arnold v. McClain, 926 F.2d 963, 966 (10th Cir. 1991))).8 This immunity extends to “initiating a prosecution and in presenting the State’s case.” Imbler v. Pachtman, 424 U.S. 409, 431 (1976). “This is so even if the prosecutor acted ‘with an improper state of mind or improper motive.’” Medina v. Webber, 531 F. App’x 902, 903 (10th Cir. 2013) (quoting Shmueli v. City of New York, 424 F.3d 231, 237 (2d Cir. 2005)). Plaintiff’s challenge to Defendant Smith’s act of charging him with a crime falls within the scope of prosecutorial immunity. So the Court should dismiss Plaintiff’s individual capacity claims against Defendant Smith under § 1915A(b)(2). See, e.g., Carbajal v. McCann, 808 F. App’x 620, 632 (10th Cir. 2020) (holding that the prosecutor was absolutely immune despite the 8 This Court “may properly exercise its § 1915A(b)(2) authority to pre- screen cases and dismiss a prisoner’s § 1983 claim based on absolute prosecutorial immunity without waiting for Defendant to invoke that immunity.” Ford v. Hinsperger, No. CIV-21-493-R, 2022 WL 357189, at *2 (W.D. Okla. Feb. 7, 2022) (citing Blair v. Osborn, 777 F. App’x 926, 928-29 (10th Cir. 2019)). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 8 of 11
9 plaintiff’s allegations that the prosecutor had presented “groundless” charges and was attempting to “wrongfully” prosecute him).9 B. Plaintiff’s allegations do not satisfy Rule 8 of the Federal Rules of Civil Procedure. A complaint must comply with Fed. R. Civ. P. 8. The twin purposes of a complaint are “to give opposing parties fair notice of the basis of the claim against them so [ ] they may respond” and to allow the court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. Monument Builders of Greater Kan. City, Inc. v. Am. Cemetery Ass’n of Kan., 891 F.2d 1473, 1480 (10th Cir. 1989) (quoting Perington Wholesale, Inc. v. Burger King Corp., 631 F.2d 1369, 1371 (10th Cir. 1979)). Rule 8(a) provides that a complaint “must contain (1) a short and plain statement of the grounds for the court’s jurisdiction . . .; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought . . . .” Fed. R. Civ. P. 8(a). “Detailed allegations are unnecessary, but the complaint must contain something more than ‘unadorned, the-defendant-unlawfully- harmed-me accusation[s].’” Eaves v. Kory, 2024 WL 2764136, at *1 (10th Cir. 2024) (quoting Iqbal, 556 U.S. at 678). 9 The undersigned notes Defendant Smith resigned from his position as Comanche County District Attorney on July 1, 2021. See https://www.kswo.com/2021/07/01/district-attorney-fred-smith-retires/ (last visited Nov. 21, 2025). The undersigned takes judicial notice of the published report of Defendant Smith’s resignation. See Ahidley, 486 F.3d at 1192 n.5. Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 9 of 11
10 Plaintiff's contentions do not comply with Rule 8. Plaintiff alleges he “was charged with Assault w/a Dangerous weapon and [] went to trial and was found ‘not guilty.” Doc. 1, at 7. He seeks an award of punitive damages, because Defendants “are guilty of ‘slander, defamation of character, racial d[i]scrimination, mal[i]cious prosecution, [and] false imprisonment.’” Id. at 7- 8. Plaintiff does not identify the faulty prosecution, nor can the undersigned find any prosecution for which Plaintiff was found not guilty in Comanche County (or any Oklahoma county) in the online searchable public records. Plaintiff’s conclusory unadorned statements do not satisfy Rule 8. IV. Recommendation and notice of right to object. For the reasons set forth above, the undersigned recommends the Court dismiss this action without prejudice. The undersigned advises Plaintiff of his right to file an objection to this Report and Recommendation with the Clerk of this Court by December 17, 2025, in accordance with 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72. The undersigned further advises Plaintiff that failure to make timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal questions contained herein. Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). This Report and Recommendation Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 10 of 11
Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 11 of 11
OCR transcription for search; preserved printed pages are authoritative
Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA EDWARD RENARDO BROWN, SR., ) Plaintiff, ) ) ) v. ) Case No. CIV-25-296-SLP ) STATE OF OKLAHOMA et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Plaintiff Edward Renardo Brown, Sr., a state prisoner proceeding pro se and in forma pauperis, brings this civil rights complaint against the State of Oklahoma and D.A. Fred C. Smith, of "CCDC," in his individual and official capacity. Doc. 1, at 1, 4.1 He alleges a violation of his Fifth Amendment due process rights and his Eighth Amendment rights, and he seeks punitive damages. Id. at 6-8. United States District Judge Scott L. Palk referred the matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Docs. 4 & 22. The undersigned recommends the Court dismiss the complaint without prejudice based on Plaintiff's failure to state a claim. 1 Citations to a court document are to its electronic case filing designation and pagination. Apart from alterations to capitalization, quotations are verbatim unless indicated. AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO 2 I. Screening. Federal law requires this Court to screen complaints filed by parties proceeding in forma pauperis and prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a). The Court must dismiss the complaint, or any portion of the complaint, if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted” or seeks monetary relief from a defendant who is immune from such relief. Id. §§ 1915A(b), 1915(e)(2)(B). “To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). The complaint must contain sufficient factual matter, accepted as true, to ‘“state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556); see also Gee v. Pacheco, 627 F.3d 1178, 1184 (10th Cir. 2010) (discussing Iqbal standard). This Court construes “[a] pro se litigant’s pleadings . . . liberally,” holding them “to a less stringent standard than formal pleadings drafted by lawyers.” Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 2 of 11 3 Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991); see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam). The Court, however, may not serve as Plaintiff’s advocate, creating arguments on his behalf. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008). II. Plaintiff’s background and claims. Plaintiff is serving time in prison on two state felony convictions. In Comanche County Case No. CF-2023-633, Plaintiff entered a no contest plea in the state district court to first-degree manslaughter. See Oklahoma v. Brown, No. CF-2023-633 (docket entry dated Apr. 25, 2025), https://www.oscn.net/dockets/GetCaseInformation.aspx?db=comanche&numb er=CF-2023-633 (last visited Nov. 21, 2025).2 The court sentenced him to fifteen years’ imprisonment to be served concurrently with a previous felony conviction and two previous misdemeanor convictions.3 Id. (docket entries dated Apr. 25 & May 2, 2025). Plaintiff filed a notice of intent to appeal this 2 The undersigned takes judicial notice of the dockets in Plaintiff’s state criminal cases. See United States v. Ahidley, 486 F.3d 1184, 1192 n.5 (10th Cir. 2007) (exercising “discretion to take judicial notice of publicly-filed records in our court and certain other courts concerning matters that bear directly upon the disposition of the case at hand”). 3 These Comanche County misdemeanor convictions are for trespassing after being forbidden, CM-2020-1603 (sentenced to six months in jail after no contest plea), and malicious injury to property, CM-2020-1604 (sentenced to one year in jail after no contest plea). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 3 of 11 4 conviction and sentence on May 5, 2025. See id. (docket entry dated May 5, 2025). And in Comanche County Case No. CF-2020-84, a jury found Plaintiff guilty of second-degree burglary and the trial court sentenced him to ten years’ imprisonment. See Oklahoma v. Brown, No. CF-2020-584 (docket entries dated Oct. 21-22, 2024).4 The Oklahoma Court of Criminal Appeals (OCCA) affirmed this conviction and sentence on direct appeal on October 30, 2025. Brown v. Oklahoma, No. F-2024-858 (docket entry dated Oct. 30, 2025).5 In addition to these convictions, Plaintiff has five previous felony convictions in Comanche County for possession of marijuana (CF-1995-288), possession of cocaine with intent to distribute (CF-1996-112), entering with intent to steal copper (CF-2011-111), petit larceny after a former felony conviction, and possession of paraphernalia (CF-2017-586). In his complaint, Plaintiff alleges his “5th amendment right has been violated,” Doc. 1, at 6, his Eighth Amendment right has been violated, id. at 7, and that Defendants “are guilty of ‘slander, defamation of character, racial d[i]scrimination, malic[i]ous prosecution, [and] false imprisonment.’” Id. at 8. He explains he was “charged with Assault w/a Dangerous Weapon and [he] 4 https://www.oscn.net/dockets/GetCaseInformation.aspx?db=comanche& number=CF-2020-584 (last visited Nov. 21, 2025). 5 https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate& number=F-2024-858 (last visited Nov. 21, 2025). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 4 of 11 5 went to trial and was found not guilty” Id. at 7. He seeks punitive damages as relief. Id. at 7-8. III. Plaintiff fails to state a claim. A. Plaintiff sues immune Defendants. 1. The State of Oklahoma enjoys immunity from suit. Section 1983 is a “remedial vehicle for raising claims based on the violation of constitutional rights.” Brown v. Buhman, 822 F.3d 1151, 1161 n.9 (10th Cir. 2016). It authorizes relief against those who violate a person’s civil rights while acting under color of state law. West, 487 U.S. at 48. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . . 42 U.S.C. § 1983. To state a viable claim a plaintiff must allege that each government official, through the official’s own individual actions, has violated his Constitutional rights. See, e.g., Robbins v. Oklahoma, 519 F.3d 1242, 1250 (10th Cir. 2008 (“[I]t is particularly important in [a § 1983 action] that the complaint make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her, as distinguished from collective allegations against the state.”). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 5 of 11 6 Plaintiff names the State of Oklahoma as a Defendant. Doc. 1, at 1. But the State of Oklahoma is not a “person” under § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 67, 71 (1989) (“[N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983.”). And the State of Oklahoma is immune from suit. See Green v. Mansour, 474 U.S. 64, 68 (1985) (“Because of the Eleventh Amendment, States may not be sued in federal court unless they consent to it in unequivocal terms or unless Congress, pursuant to a valid exercise of power, unequivocally expresses its intent to abrogate the immunity.”).6 While Congress did create a private right of action under § 1983, it did not abrogate the states’ sovereign immunity from suit under the Eleventh Amendment. Muscogee (Creek) Nation v. Okla. Tax Comm’n, 611 F.3d 1222, 1227 (10th Cir. 2010); see also Quern v. Jordan, 440 U.S. 332 342-45 (1979). Nor has Oklahoma waived its Eleventh Amendment immunity by consenting to suit in federal court. See OKLA. STAT. tit. 51, § 152.1(B) (“[I]t is not the intent of the state to waive any rights under the Eleventh Amendment to the United States Constitution.”). In short, § 1983 “does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties.” Will, 491 U.S. at 66. The Court should thus dismiss Plaintiff’s claims against the State 6 The Court may raise the issue of immunity sua sponte. Colby v. Herrick, 849 F.3d 1273, 1278 (10th Cir. 2017). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 6 of 11 7 of Oklahoma for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(2) (authorizing the court to dismiss a claim that “seeks monetary relief from a defendant who is immune from such relief”). 2. Defendant Smith enjoys immunity from suit. a. Official capacity. A state officer sued in his or her official capacity also enjoys the protection the Eleventh Amendment provides. Colby, 849 F.3d at 1278 (“Damage claims against state officers in their official capacities trigger Eleventh Amendment immunity.”).7 “When a suit alleges a claim against a state official in his official capacity, the real party in interest in the case is the state, and the state may raise the defense of sovereign immunity under the Eleventh Amendment.” Callahan v. Poppell, 471 F.3d 1155, 1158 (10th Cir. 2006) (internal quotation marks omitted). So the Court should dismiss Plaintiff’s claims against Defendant Smith in his official capacity. Colby, 849 F.3d at 1278. b. Individual capacity. “A prosecutor is absolutely immune from civil liability for damages for acts he undertakes ‘in preparing for the initiation of judicial proceedings or for 7 See, e.g., Erikson v. Pawnee Cnty. Bd. of Cnty. Comm’rs, 263 F.3d 1151, 1153-54 (10th Cir. 2001) (affirming district court’s conclusion that “under Oklahoma law, a district attorney is an arm of the state”). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 7 of 11 8 trial, and which occur in the course of his role as an advocate for the State.’” Butler v. Rainbolt, 2024 WL 3548936, at *2 (10th Cir. 2024) (quoting Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)); see Gradle v. Oklahoma, 203 F. App’x 179, 182 (10th Cir. 2006) (“Prosecutors enjoy absolute immunity to liability under § 1983 for actions ‘within the scope of their prosecutorial duties.’” (quoting Arnold v. McClain, 926 F.2d 963, 966 (10th Cir. 1991))).8 This immunity extends to “initiating a prosecution and in presenting the State’s case.” Imbler v. Pachtman, 424 U.S. 409, 431 (1976). “This is so even if the prosecutor acted ‘with an improper state of mind or improper motive.’” Medina v. Webber, 531 F. App’x 902, 903 (10th Cir. 2013) (quoting Shmueli v. City of New York, 424 F.3d 231, 237 (2d Cir. 2005)). Plaintiff’s challenge to Defendant Smith’s act of charging him with a crime falls within the scope of prosecutorial immunity. So the Court should dismiss Plaintiff’s individual capacity claims against Defendant Smith under § 1915A(b)(2). See, e.g., Carbajal v. McCann, 808 F. App’x 620, 632 (10th Cir. 2020) (holding that the prosecutor was absolutely immune despite the 8 This Court “may properly exercise its § 1915A(b)(2) authority to pre- screen cases and dismiss a prisoner’s § 1983 claim based on absolute prosecutorial immunity without waiting for Defendant to invoke that immunity.” Ford v. Hinsperger, No. CIV-21-493-R, 2022 WL 357189, at *2 (W.D. Okla. Feb. 7, 2022) (citing Blair v. Osborn, 777 F. App’x 926, 928-29 (10th Cir. 2019)). Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 8 of 11 9 plaintiff’s allegations that the prosecutor had presented “groundless” charges and was attempting to “wrongfully” prosecute him).9 B. Plaintiff’s allegations do not satisfy Rule 8 of the Federal Rules of Civil Procedure. A complaint must comply with Fed. R. Civ. P. 8. The twin purposes of a complaint are “to give opposing parties fair notice of the basis of the claim against them so [ ] they may respond” and to allow the court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. Monument Builders of Greater Kan. City, Inc. v. Am. Cemetery Ass’n of Kan., 891 F.2d 1473, 1480 (10th Cir. 1989) (quoting Perington Wholesale, Inc. v. Burger King Corp., 631 F.2d 1369, 1371 (10th Cir. 1979)). Rule 8(a) provides that a complaint “must contain (1) a short and plain statement of the grounds for the court’s jurisdiction . . .; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought . . . .” Fed. R. Civ. P. 8(a). “Detailed allegations are unnecessary, but the complaint must contain something more than ‘unadorned, the-defendant-unlawfully- harmed-me accusation[s].’” Eaves v. Kory, 2024 WL 2764136, at *1 (10th Cir. 2024) (quoting Iqbal, 556 U.S. at 678). 9 The undersigned notes Defendant Smith resigned from his position as Comanche County District Attorney on July 1, 2021. See https://www.kswo.com/2021/07/01/district-attorney-fred-smith-retires/ (last visited Nov. 21, 2025). The undersigned takes judicial notice of the published report of Defendant Smith’s resignation. See Ahidley, 486 F.3d at 1192 n.5. Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 9 of 11 10 Plaintiff's contentions do not comply with Rule 8. Plaintiff alleges he “was charged with Assault w/a Dangerous weapon and [] went to trial and was found ‘not guilty.” Doc. 1, at 7. He seeks an award of punitive damages, because Defendants “are guilty of ‘slander, defamation of character, racial d[i]scrimination, mal[i]cious prosecution, [and] false imprisonment.’” Id. at 7- 8. Plaintiff does not identify the faulty prosecution, nor can the undersigned find any prosecution for which Plaintiff was found not guilty in Comanche County (or any Oklahoma county) in the online searchable public records. Plaintiff’s conclusory unadorned statements do not satisfy Rule 8. IV. Recommendation and notice of right to object. For the reasons set forth above, the undersigned recommends the Court dismiss this action without prejudice. The undersigned advises Plaintiff of his right to file an objection to this Report and Recommendation with the Clerk of this Court by December 17, 2025, in accordance with 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72. The undersigned further advises Plaintiff that failure to make timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal questions contained herein. Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). This Report and Recommendation Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 10 of 11 Case 5:25-cv-00296-SLP Document 26 Filed 11/26/25 Page 11 of 11 disposes of the issues referred to the undersigned Magistrate Judge in the captioned matter. ENTERED this 26th day of November, 2025. Suzan Neo SUZANNE MITCHELL UNITED STATES MAGISTRATE JUDGE 11
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