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Smith v. Aldridge

United States District Court, D. Oregon, Portland Division

March 22, 2018

JOHN GARRETT SMITH, Plaintiff,
v.
SANDRA ALDRIDGE, Defendant.

          John Garrett Smith Stafford Creek Corrections Center Pro Se Plaintiff.

          Daniel G. Lloyd CITY OF VANCOUVER Assistant City Attorney Attorney for Defendant.

          OPINION & ORDER

          MARCO A. HERNÁNDEZ UNITED STATES DISTRICT JUDGE.

         Pro se Plaintiff John Garrett Smith, an inmate at Stafford Creek Corrections Center in Washington, filed this action against Defendant Sandra Aldridge claiming violations of the Racketeer Influenced and Corrupt Organizations Act, the Americans with Disabilities Act, and the Computer Fraud and Abuse Act. Defendant moves to dismiss this case for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the Court grants the Motion to Dismiss.

         BACKGROUND

         After a bench trial in Washington state court, Plaintiff was convicted of second-degree attempted murder and second-degree assault for physically beating and strangling his wife. Def. Mot. Dismiss 3, ECF 10.[1] The assault was inadvertently recorded by Plaintiff in a voicemail left on his cell phone. Id. at 3-4. After Plaintiff fled from the scene, Plaintiff's stepdaughter came into possession of the cell phone and noticed that there was a missed call and voicemail from the family landline left around the time of the assault. Id. at 4. Upon listening to the voicemail, Plaintiff's stepdaughter gave the phone to a police officer who then seized the phone and executed a search warrant on it. Id. At trial, Plaintiff moved to suppress the recording, but the trial court denied his motion. Id.

         Plaintiff filed his present complaint on September 19, 2017, against Defendant, a Vancouver City Police detective involved in Plaintiff's criminal case. Compl., ECF 1; Def. Mot. Dismiss 2. In his complaint, Plaintiff requests “relief from extraordinary damages caused by hostile and severe criminal acts committed ‘under color of law' by the Defendant.” Compl. at 1. The Complaint broadly asserts that the Defendant illegally and falsely imprisoned Plaintiff for “fabricated” and “staged” reasons. Compl. at 1. Plaintiff also asserts that he incurred “extraordinary financial losses . . . due to the theft and/or stultification of the Plaintiff's valuable, proprietary Intellectual Properties applied in his Professional Engineering Career” as well as his “entire estate and physical assets.” Compl. at 1-2. The Complaint also appears to contain references to various federal statutory causes of action: the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Americans with Disability Act (“ADA”), and the Computer Fraud and Abuse Act (“CFAA”).[2]

         With regard to Plaintiff's RICO claim, Plaintiff alleges that the Defendant “stole the Plaintiff's smartphone, ” illegally invaded the smartphone with “maliciously fraudulent Probable Cause” and “a deceptive warrant obtained by guile.” Compl. ¶¶ 1-2. He alleges Defendant then concealed these bad acts by perjuring herself as to the “illegal disposal/destruction of the iPhone.” Compl. ¶ 3. Plaintiff goes on to assert that the Defendant created fake evidence in the form of an audio recording extracted from the phone “to obtain illegal conviction for a prefabricated crime that did NOT happen.” Compl. ¶ 4 (emphasis in original). He also alleges that Defendant lied about her qualifications and certifications in order to create the audio recording of a manufactured “‘voice mail' inadvertently left by the Plaintiff . . . in order to frame an innocent Autistic man.” Compl. ¶ 5. Finally, he claims “[m]alicious diversionary manipulation of the Autistic Plaintiff by proffering false medical claims that are totally refuted by all legitimate professional medical records, and phone logs that clearly affirm claims (1), (2), (3), (4), (5), all violative of 18 U.S.C.S. § 1961-1965 - RICO.” Compl. ¶ 6.

         As to Plaintiff's ADA claim, he appears to allege that the Defendant violated the ADA by disparaging Plaintiff and fabricating hysteria in “coercion” with local media “to propagate her lies . . . and conceal her own irrefutable and uncontested sinister pattern of RICO-sadism” and hate crimes. Compl. ¶ 7. He specifically alleges that she ganged up on, manipulated, and made sport of the Plaintiff in violation of 42 U.S.C. 12101 as well as ADA and WHO standards of decency. Compl. ¶ 7.

         Finally, Plaintiff appears to allege that Defendant violated the CFAA. Specifically, Defendant alleges that she “literally stole the Plaintiff's smart phone.” Compl. ¶ 1; see also Pl. Mot. Proceed. Orig. Standing Grounds (“Pl. Mot.”), ECF 8 (“The 9.14.17 suit is a tort claim against 18 U.S.C. 1030 crimes.”). As evidence of this, Plaintiff allges that Defendant “logged it into police evidence 38 minutes PRIOR to the time of the fake, staged D.V. incident per VPD's own UPC-encoded records.” Compl. ¶ 1.

         Ultimately, Plaintiff asserts that his state proceeding was a “manufactured criminal case” that “does not legally exist for want of jurisdiction (for lack of mandatory judge signature to her bogus probable cause affidavit, thereby rendering her fraudulent scam ‘case' VOID AB INITIO).” Compl. ¶ 9. The specific relief Plaintiff requests includes (1) a lifetime no-contact order against the Defendant, (2) financial restitution in the amount of $49, 700, 700.00, and (3) imprisonment of Defendant. Compl. at 6.

         This is one of many cases Plaintiff has brought against various individuals and entities involved in the criminal prosecution of Plaintiff. As discussed in the Court's November 20, 2017 Order, the six prior claims asserted by Plaintiff have been dismissed for failure to state a claim, frivolity, and maliciousness. Order 2-3, ECF 6.

         STANDARDS

         A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of the claims. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). “All allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party.” Am. Family Ass'n, Inc. v. City & Cnty. of S.F., 277 F.3d 1114, 1120 (9th Cir. 2002). To survive a motion to dismiss, a complaint “must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face[, ]” meaning “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal ...


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