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Jones v. Schiffelbein

United States District Court, D. Colorado

March 2, 2016

ANDRE JONES, Plaintiff,
v.
JERRY SCHIFFELBEIN, Detective, Colorado Springs Police Department, Defendant.

ORDER DIRECTING PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ON COURT-APPROVED FORM

Gordon P. Gallagher, United States Magistrate Judge.

Plaintiff, Andre Jones, initiated this action by filing pro se a Prisoner Complaint asserting violations of his constitutional rights pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

On December 8, 2015, the Court reviewed the Complaint and determined that it was deficient because Mr. Jones failed to allege facts sufficient to state an arguable § 1983 claim against Defendant, and his claim appeared to be barred by Heck v. Humphrey, 512 U.S. 477 (1994). The Court directed Mr. Jones to file an amended complaint, on the court-approved Prisoner Complaint form within thirty days of the December 8 Order. Mr. Jones filed an Amended Complaint (ECF No. 6) on January 14, 2016.

The Court must construe the Amended Complaint liberally because Mr. Jones is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons stated below, Mr. Jones will be ordered to file a second amended complaint.

First, Mr. Jones did not file his Amended Complaint on the court-approved Prisoner Complaint form. Mr. Jones must use the court-approved Prisoner Complaint form in filing his second amended complaint.

Second, the allegations in the Amended Complaint are deficient. Mr. Jones alleges the following facts:1

On September 9, 2013 Detective Schiffelbein conspired with DHS to remove and detain Mr. Jones three kids [ ] from there school between the hours of 8am to 3pm without a warrant or probable cause to do so . . . DHS and Detective Schiffelbein intentionally seized Mr. Jones kids without cause, violating Mr. Jones right as a parent to make all necessary decisions regarding the children free from government intervention. Causing emotional anguish and suffering on the children.
On September 9, 2013, Detective Schiffelbein dispatched a Special Task Force Unit to the residence of Mr. Jones . . . whose purpose was to seize Mr. Jones. This Task Force intentionally invaded Mr. Jones residence with their guns drawn, bring Mr. Jones out of the house, demanding that he go down to the police station . . . Arriving at the police station Mr. Jones made contact with Schiffelbein and asked where his kids are? Schiffelbein intentionally withheld the kids to conduct an interrogation . . .
Schiffelbein, acting under color of state law, ‘engaged in an ‘unlawful, unreasonable and arbitrary investigation’ leading to petition’s arrest. Defendant knowingly confined plaintiff 3 kids in order to be use as a tactical advantage; dispatched a Special Task Force Unit maliciously bully and intimidate constricting plaintiff’s movement; and discriminating plaintiff by unlawfully arresting him based on the description of another black man and ignoring witnesses describing a white male. At the time of first contact defendant had no probable cause to confined kids or invade Mr. Jones resident violating Mr. Jones United States Constitution 4th Amendment right to be free from unreasonable seizures.
. . .
On September 7, 2015, Mr. Jones filed a complaint with the Colorado Springs Police Department to request an investigation and disciplinary action on Detective Jerry Schiffelbein, who is employed at CSPD. Mr. Jones stated in this complaint that Schiffelbein knowingly and willfully fabricated a legal document that lead to the prosecution of Mr. Jones. The CSPD has deliberately ignored Mr. Jones request, hindering Mr. Jones United States Constitutional 1st Amendment right to petition the Government for a redress of grievances. If the CSPD would have conducted an investigation, Schiffelbein knowingly fabricated evidence, breaching his contract and diminishing his credibility as a peace officer.
. . .
On September 9, 2013, Schiffelbein on multiple occasion demonstrate a pattern of a miscarriage of justice, violating Mr. Jones’ rights. Schiffelbein conspired with DHS to have Mr. Jones kids removed from school between the school hour of 8am-3pm, in order to use the kids as a tool to gain a tactical advantage over Mr. Jones. Violating the kids right to a there education and intentionally depriving the of their right to equal protection against unlawful seizure of a person or persons, without probable cause.
Around 5pm that evening, Schiffelbein dispatched a Special Task Force Unit to the residence of 7761 Monte Christo Bay Court in Fountain, Colorado. On the orders from Schiffelbein this unit invaded Mr. Jones residence, intentionally bullied and constricting Mr. Jones movement without cause. The unit demanded that Mr. Jones go down to the Police station for questioning. As Mr. Jones made an attempt to re-enter his resident to put on some shoes, 3 members from this unit deliberately raised their guns/rifles and yelled out ‘Don’t go in the house!’ The intent was clear if Mr. Jones re-entered the residence he would have been shot . . . This Unit ...

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