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Ritterbush v. Turley

United States District Court, D. Utah

January 28, 2019

LYNDAL D. RITTERBUSH, Plaintiff,
v.
STEVEN TURLEY et al., Defendants.

          ORDER & MEMORANDUM DECISION

          JILL N. PARRISH, UNITED STATES DISTRICT COURT JUDGE

         Plaintiff, inmate Lyndal D. Ritterbush, brings this pro se civil-rights action, see 42 U.S.C.S. § 1983 (2018), in forma pauperis, see 28 Id. § 1915. The Court now screens his Complaint, id. § 1915A, and orders Plaintiff to file an amended complaint to cure deficiencies before further pursuing his claims.

         A. Deficiencies in Complaint

         Complaint:

(a) possibly asserts claims regarding the constitutional validity of his imprisonment, which should be brought in a habeas-corpus petition, not a civil-rights complaint.
(b) asserts claims that are possibly invalidated by the rule in Heck (see below).
(c) fails to state a constitutional claim regarding parole which is not a federal right (see below).
(d) appears to inappropriately allege civil-rights violations (e.g., against Turley and Bigelow) on a respondeat-superior theory.
(e) asserts conspiracy claims that are too vague (see below).
(f) raises issues of classification change (decrease in privilege level) in a way that does not support a cause of action.
(g) inappropriately asserts denial of programming, which is not a constitutional right.
(h) asserts claims that are past the statute of limitations for a civil-rights case (see below).
(i) inappropriately asserts a retaliation claim (see below).
(j) appears not to have been prepared with help from the prison's ...

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