United States District Court, S.D. Ohio, Eastern Division
Magistrate Judge, Jolson
OPINION AND ORDER
MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT
Bouzid Aliane ("Plaintiff'), a prisoner proceeding
pro se, brings this Bivens action against
Defendants Lawrence Bailey, Special Agent with the Office of
Inspector General ("Special Agent Bailey"); Jason
Roessner, Special Agent with the Internal Revenue Service,
Criminal Investigation Division ("Special Agent
Roessner"); Mark H. Stroh, Deputy United States Marshal
for the Southern District of Ohio ("Deputy Stroh");
and Christine A. McKee, Operations Manager of the Alvis House
for Men ("McKee") (together,
"Defendants"). Plaintiff alleges that Defendants
violated his Fourth Amendment right to be free from unlawful
searches and seizures and engaged in a civil conspiracy to
illegally search and seize his property. Plaintiff also
brings a state-law claim against Defendant McKee for
Judge Jolson, to whom this case is assigned, issued a Report
and Recommendation ("R&R") and Order that
granted Plaintiffs motion to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a). R&R
and Order 1, ECF No. 3. The R&R also recommended that the
Court dismiss Plaintiffs federal claims without prejudice for
lack of federal subject matter jurisdiction pursuant to
Federal Rule of Civil Procedure 12(h)(3) because Plaintiff
failed to state a claim for which relief may be granted.
Id. at 6. Additionally, the R&R recommended that
the Court decline to exercise supplemental jurisdiction over
Plaintiffs state-law claim pursuant to 28 U.S.C. §
1367(c)(3). Id. Plaintiff objects to the
recommendation that his federal claims be dismissed for lack
of subject matter jurisdiction.
following reasons, the Court OVERRULES
Plaintiffs objections and AFFIRMS and
ADOPTS the R&R and
DISMISSES Plaintiffs Complaint.
January 25, 2016, Plaintiff pled guilty to charges of mail
fraud and presenting false claims against the Internal
Revenue Service ("IRS"). United States v.
Aliane, 2:15-mj-465-TPK, ECF No. 33. Plaintiffs claims
in this case arise from the events surrounding his arrest on
those charges. Plaintiff alleges the following relevant facts
in his Complaint.
21, 2015, while Plaintiff was living at the Alvis House for
Men (a halfway house in Columbus, Ohio), Plaintiff was
arrested by Deputy Stroh. During a search incident to arrest,
Deputy Stroh removed the key to Plaintiffs Mercedes Benz from
Plaintiffs pocket and placed it in his own pocket. Upon his
arrest, Plaintiff was transferred to the Franklin County
Corrections Center I.
at the Corrections Center, Plaintiff directed his
"authorized agent" to collect his key from the jail
and retrieve his car from the Alvis House parking lot. When
Plaintiffs agent arrived at the jail on July 22, 2015,
however, she was informed that the key was not with
Plaintiffs personal property. Instead, she was referred to
McKee. Apparently, Deputy Stroh had given the key to McKee
earlier that morning without Plaintiff's consent.
Thereafter, Plaintiff alleges that "under the
guise" of protecting unsecured valuables in Plaintiffs
car, McKee conducted an unauthorized search of Plaintiffs
vehicle in an effort to assist the police with obtaining
evidence to support the charges against Plaintiff. Compl.
¶¶ 17, 29, ECF No. 2. The search of the car
produced "one or more bank receipts in the amounts of
$10, 000 for Wood Forest Bank." Id. ¶19.
McKee brought several items from the car into the Alvis
Plaintiffs agent later requested that McKee turn over the key
to her, McKee allegedly stated that doing so would "run
afoul of the various government agents and agencies."
Id. ¶ 21. Plaintiff and his agent thereafter
contacted McKee on various occasions from July 21 through
July 28 to request the return of Plaintiffs property and car
but with no luck.
further alleges that, at an unspecified point in time,
Special Agents Bailey and Roessner met McKee at the Alvis
house and conducted an unauthorized "sneek [sic] and
peek" of the property McKee previously removed from the
car and moved inside the Alvis House. Id. ¶ 20.
Plaintiff asserts that this evidence formed the basis, in
part, of the probable cause affidavit supporting an
application for a search warrant that Special Agents Bailey
and Roessner obtained and executed on July 28, 2015. The
warrant authorized the Special Agents to seize Plaintiffs car
and Plaintiffs property that McKee had moved from the car to
the Alvis House.
asserts that McKee's search of his car prior to obtaining
warrant, and Special Agents Roessner and Bailey's
"sneak and peek" of the car's contents
recovered by McKee, violated Plaintiff's Fourth Amendment
rights. Plaintiff further asserts that all Defendants acted
in tandem to violate his rights. He seeks a declaration that
Defendants' actions violated his Fourth Amendment rights
and compensatory and punitive money damages.
STANDARD OF REVIEW
Court will review de novo the portions of the R&R that
have been properly objected to, pursuant to Federal Rule of
Civil Procedure 72(b)(2). On de novo review, the Court
"may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter