Bey v. Rekas Sloan et al
| E'Jai Bey |
| Linda Rekas Sloan, Philip Vicini and Eric Batista |
| 1:2024cv00503 |
| December 3, 2024 |
| U.S. District Court for the District of Rhode Island |
| Lincoln D Almond |
| John J McConnell |
| Other Fraud |
| 18 U.S.C. ยง 241 Conspiracy Against Citizen Rights |
| Plaintiff |
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TEXT ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis and dismissing the #1 Complaint. The Court has conducted a screening of this case and carefully reviewed the Complaint. It concludes that the Complaint fails to state a viable cause of action against any of the three defendants. Mr. Bey's sole complaint is that the three defendants all work for the same employer the State of Rhode Island and that based on that alone his constitutional rights have been somehow violated. The claim has no merit. In addition, defendant Sloan is protected from a lawsuit for damages by judicial immunity, Mireles v. Waco, 502 U.S. 9, 12 (1991) (absolute immunity from suit for all judicial actions except those patently lacking in jurisdiction); prosecutor Batista is protected from a lawsuit for damages by prosecutorial immunity, Penate v. Kaczmarek, 928 F.3d 128, 135 (1st Cir. 2019) (prosecutors entitled to absolute immunity for core prosecution functions carried out to present the government's case). While Mr. Vicini enjoys no immunity from suit, Polk County v. Dodson, 454 U.S. 312, 322 (1981) (public defenders act as independent counsel, not as state employees, and are susceptible to actions under 42 U.S.C. 1983), the employment status of a public defender does not adversely affect their obligations to their clients. Id. at 321. Absent a viable cause of action, this Court has no jurisdiction and DISMISSES the Complaint. It does so without leave to amend because no matter how much Mr. Bey refines or amends his allegations, his core complaint will not state a federal claim for relief. The Application to Proceed In Forma Pauperis (ECF No. 2) is DENIED as moot. So Ordered by Chief Judge John J. McConnell, Jr. on 1/8/2025. (Jackson, Ryan)
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| Filing 4 NOTICE Name Change by E'Jai Bey (Attachments: #1 Envelope)(Hill, Cherelle) |
| Filing 3 CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Puppy Bey. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Puppy Bey. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Gonzalez Gomez, Viviana) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Gonzalez Gomez, Viviana) |
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