United States District Court, S.D. Texas, Houston Division
MEMORANDUM OPINION AND ORDER
LAKE, UNITED STATES DISTRICT JUDGE
plaintiff, Paul Jackson (SPN #01267684), is an inmate in
custody as a pretrial detainee at the Harris County Jail. He
has filed a Complaint for Violation of Civil Rights under 42
U.S.C. § 1983 ("Complaint")(Docket Entry No.
1) against the State of Texas, alleging that his prosecution
is unlawful because his arrest was the result of racial
profiling. Because Jackson is a prisoner who proceeds in
forma pauperis, the court is required to scrutinize
the claims and dismiss the Complaint, in whole or in part, if
it determines that the Complaint is frivolous, malicious,
fails to state a claim on which relief may be granted, or
"seeks monetary relief from a defendant who is immune
from such relief." 28 U.S.C. § 1915(e) (2) (B) .
After considering all of the pleadings, the court concludes
that this case must be dismissed for the reasons explained
alleges that he was arrested in Houston, Texas, on September
13, 2018, by Officer J. P. Simmons. Court records available from
the Harris County District Clerk's Office show that
Jackson is was charged pursuant to a felony indictment with
making a terroristic threat in Cause No. 1604976, which is
pending against him in the 174th District Court for Harris
County, Texas.According to the indictment, Jackson
threatened to murder a public servant, a peace officer, on
September 13, 2018.
42 U.S.C. § 1983, Jackson sues the State of Texas,
alleging that his arrest was the result of "racial
profiling" and that the arresting officer handcuffed him
too tightly. Jackson seeks compensatory damages for his
"pain and suffering."
Complaint must be dismissed because his allegations are
substantially identical to claims raised by him in at least
three other civil rights lawsuits that he filed in this
district. See Jackson v. Harris County, Civil No.
H-18-4535 (S.D. Tex.); Jackson v Houston Police
Dep't, Civil No. H-19-278 (S.D. Tex.); and
Jackson v. State of Texas, Civil No. H-19-0578 (S.D.
Tex.). His previous civil rights complaint against the State
of Texas in Civil No. H-19-0578, which also alleged that he
was the victim of "profiling" and handcuffed too
tightly by the arresting officer, was dismissed on February
28, 2019, for failure to state a claim.
prisoner civil rights complaint is considered
"malicious" for purposes of the PLRA if it
duplicates allegations made in another federal lawsuit by the
same plaintiff. See Pittman v. Moore, 980 F.2d 994,
994 (5th Cir. 1993) (per curiam). The allegations in
Jackson's pending civil rights complaint are similar to
those raised and rejected previously. Therefore the court
concludes that the pending complaint is subject to dismissal
as malicious under 28 U.S.C. § 1915(e) (2) (B) (i) .
See, e.g., Wilson v. Lynaucrh, 878
F.2d 846 (5th Cir. 1989) (duplicative claims may be dismissed
Jackson's claims for monetary damages against the State
of Texas must be dismissed because they are clearly precluded
by the Eleventh Amendment,  which bars an action in federal
court by a citizen of a state against his or her own state
absent an express waiver. See Martinez v. Texas Dep't
of Criminal Justice, 300 F.3d 567, 574 (5th Cir. 2002).
Texas has not waived its Eleventh Amendment immunity, and
§ 1983 does not otherwise abrogate state sovereign
immunity. See NiGen Biotech, L.L.C., v. Paxton, 804
F.3d 389, 394 (5th Cir. 2015) (citing Quern v.
Jordan, 99 S.Ct. 1139, 1145 (1979)). Accordingly,
Jackson's claims against the State of Texas must be
Conclusion and Order
on the foregoing, the court ORDERS as
1. The Complaint for Violation of Civil Rights filed by Paul
Jackson (Docket Entry No. 1) is DISMISSED with
2. The dismissal will count as a "strike" for
purposes of 28 U.S.C. § 1915(g).
Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the plaintiff. The Clerk will also
provide a copy of this order to the Manager of the ...