Bradley v. Cazzell ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JASON BRUCE BRADLEY PLAINTIFF v. CIVIL NO. 1:24-cv-00089-HSO-BWR JIM CAZZELL, et al. DEFENDANTS FINAL JUDGMENT In accordance with the Court’s Order of Dismissal issued this date and incorporated herein by reference, IT IS, HEREBY, ORDERED AND ADJUDGED that, Plaintiff Jason Bruce Bradley’s illegal-search and illegal-arrest claims against Defendants Jim Cazzell; the City of Ocean Springs, Mississippi; Officer Daniel Juan Halo; Unknown S.M.E.T. Team Officer; Unknown Officer; Unknown Officer; and Prosecuting Attorney Lee Farrigut are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(i)-(ii) until the conditions outlined in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), are met. IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s remaining claims against the City of Ocean Springs are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim under § 1915(e)(2)(B)(i)- (ii) for failure to establish municipal liability under 42 U.S.C. § 1983. IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s remaining claims against Prosecuting Attorney Lee Farrigut are DISMISSED WITH PREJUDICE as frivolous under § 1915(e)(2)(B)(i) pursuant to absolute prosecutorial immunity. IT IS, FURTHER, ORDERED AND ADJUDGED that, this dismissal counts as a “strike” under 28 U.S.C. § 1915(g). Plaintiff is advised that, if he receives three strikes, “he may not proceed [in forma pauperis] in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.” Adongo v. Tex., 124 F. App’x 230, 232 (5th Cir. 2005) (citing 28 U.S.C. § 1915(g)). SO ORDERED AND ADJUDGED, this 19th day of November, 2024. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN CHIEF UNITED STATES DISTRICT JUDGE 2