Professional Documents
Culture Documents
Forster v. State of NH, 1st Cir. (1994)
Forster v. State of NH, 1st Cir. (1994)
January 3, 1994
No. 93-1929
RONALD FORSTER,
Plaintiff, Appellant,
v.
STATE OF NEW HAMPSHIRE, ET AL.,
Defendants, Appellees.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Martin F. Loughlin, U.S. District Judge]
___________________
___________________
Before
Breyer, Chief Judge.
___________
Torruella and Selya, Circuit Judges.
______________
___________________
__________________
__________________
Per Curiam.
__________
se, appeals
Plaintiff
year to 15
of plaintiff's
1983,
is
that
unconstitutional
convicted
victim.
solely
New
complaint, brought
Hampshire's
because
on
Plaintiff
the
they
under
sex
permit
42 U.S.C.
offense
a
that
the
laws
defendant
uncorroborated testimony
claims
The
state's
to
of
are
be
the
statutes
He
states
that
implies
evidence in
that the
defendants
Police
the
his
state's laws
State
Department,
of New
various
criminal case.
wrongful activities
laws
generally,
particular.
own case
were at
fault. He
Hampshire,
state,
falsified, and
the
names as
Hillsborough
county
and
police
connected to enforcement
or
The
was
to
plaintiff's
complaint requests
accused of
of the state's
criminal
both
him
case
in
equitable relief
magistrate
complaint
prior
undertook
to completing
service.
review
See
___
28
of
the
U.S.C.
-2-
avoid
dismiss
legal
wasteful litigation,
claims
theories
which are
or
under
based
delusional
1915(d)
on
the court
may
indisputably meritless
factual
scenarios).
The
1983 for
and
an
amendment
the
complaint.
ordered
defects,
plaintiff
or
objected to
face
to
dismissal of
the report,
stating in part
the
Plaintiff
1985(3), not
matter, and
1985(3).
to
amend.
When
cure any of
See Forte v.
___ _____
plaintiff's
3 (1st
and an
opportunity to
amend in
of Fed.
We affirm.
The gravamen
of the complaint is an
of plaintiff's conviction.
that the
release from
second
complaint
R. Civ. P. 12(b)(6)).
obtaining
correctly held
The district
by filing an
amendment failed to
validity
affirmed
wished to
opportunity
Plaintiff
that he
1983.
the
magistrate's
legally deficient,
was dismissed.
curing
the
another
file
several reasons,
sole available
state custody
attack on the
federal remedy
is a
writ
for
of habeas
-3-
remedies.
As plaintiff's amendments
his state
remedies,
and was
yet to exhaust
simultaneously pursuing
state
dismissed
failed
to the
forum. Though
the pleading
are clear.
to
stay
asserted in
were
correctly
of federal
law, they
cognizable
is vague,
in the
federal
its overriding
legal
U.S. 193
federal
a parallel
affirmed where
they
a matter
Monaghan, 484
________
court
claims,
claims legally
in Medicine, 904
___________
v.
damages
because, soley as
to state
defects
was
(1988)
monetary
state proceeding,
which
the
cannot
be
dismissal may
be
legal grounds
under
does not
defendants' actions
district
1985(3)
court held,
cannot
allege, but
be
actually
first,
the
sustained
claims
because
denies, that
the
Second, to the
constitutional
deprivations
caused
by
the
state
defendants' misuse of
-4-
to
provide a
Palmer,
______
suitable postdeprivation
468
U.S.
separate claims
malpractice
no facts
state
517,
against
533
(1984).
his private
law."
Polk County
___________
v.
remedy.
Hudson
______
Third,
v.
plaintiff's
attorneys for
alleged
"color of
U.S. 312
(1981)
1983);
Cir.) (court-
828 (1986).
Finally,
to the
extent that
the
alleged
plaintiff seeks to
ground a cause of
constitutional insufficiency
of
action on
a state
rule
a trial.
WL 497387
"irreducible
standing
at
*2
See Adams
___ _____
(1st
constitutional
Cir.
v. Watson,
______
Dec.
8,
minimum,"
No. 93-1068,
1993)
the
plaintiff show an
(as
an
doctrine
of
actual injury
the
As
reasons
plaintiff
stated,
suffered
the judgment
no
below
prejudice
is
from
-5-
______
-6-