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Khamisi v. Deters

United States District Court, S.D. Ohio, Western Division

June 18, 2018

KIJAI KHAMISI, et al., Plaintiffs,
v.
JOSEPH DETERS, et al, Defendants.

          Dlott, J.

          ORDER AND REPORT AND RECOMMENDATION

          Karen L. Litkovitz United States Magistrate Judge.

         I. Introduction

         Plaintiffs Ayinde Khamisi, Jelani Khamisi, Kaia Khamisi, Kijai Khamisi and Kimberly Khamisi bring this pro se action under 42 U.S.C. § 1983 alleging violations of their civil rights. They name as defendants Hamilton County Court of Common Pleas Judge Robert Ruehlman; Golf Manor police officers Mathew Geraci and Jill Matthews (the "Golf Manor defendants"); Cincinnati Police Dept. Dist. 4 officers Igel Samuel, Raymond G. Marsh, Jr., and Michael William Moore (the "City defendants"); and Hamilton County, Ohio employees Prosecuting Attorney Joseph Deters, Assistant Prosecuting Attorney William Anderson, Debra Shinaman, Clerk of Court Aftab Pureval, Hamilton County Justice Center Criminal Clerk Connie Enderle (listed as "Connie Doe" in the complaint), Judge Ruehlman's Law Clerk Jonathan Kelly, Judge Ruehlman's bailiff Laura Hayslip, Hamilton County Court of Common Pleas Magistrate Mike Bachman, and Hamilton County Sheriff Jim Neil (the "County defendants").

         This matter is before the Court on the County defendants' motion to dismiss/motion to stay (Doc. 19), plaintiff Kimberly Khamisi's responses to the motion (Docs. 27, 38, 42), the County defendants' reply (Doc. 36), and plaintiffs' amended response (Doc. 47). Defendants have filed a motion for leave to file a reply in support of their motion to dismiss/motion to stay out of time. (Doc. 57). Plaintiffs have filed supplemental memoranda opposing the motion to dismiss. (Docs. 59, 62, 63, 64).

         This matter is also before the Court on defendant Judge Ruehlman's motion to dismiss (Doc. 21), plaintiff Kimberly Khamisi's response in opposition to the motion (Doc. 27), Judge Ruehlman's reply in support of his motion (Doc. 34), and plaintiffs' responses in opposition to defendant's motion to dismiss (Docs. 42, 44, 53, 54, 55, 56).

         The Golf Manor defendants have also filed a motion to dismiss (Doc. 22) and a reply in support of the motion (Doc. 35), and plaintiffs have filed responses in opposition to the motion (Doc. 42, 53, 54, 55, 56).

         The City defendants have filed a motion for leave to respond to the complaint out of time. (Doc. 29). They have attached a proposed motion to dismiss to their motion. (Doc. 29-1). The Court will grant defendants' motion and allow plaintiffs an opportunity to respond to the motion to dismiss.

         Plaintiffs have filed numerous motions which are pending before the Court. These are: "Emergency Affidavit Writ of Habeas Corpus and Show Cause Hearing" (Doc. 25); "(Emergency) Affidavit of Judicial Notice, Injunctive Relief, Show Cause Hearing, and Objection to Defendants Motion to Dismiss" (Doc. 28); "Motion to Stay, and Emergency Injunctive Relief-Show Cause Hearing" (Docs. 37, 46); Kijai Khamisi's motion for default judgment against the County defendants (Doc. 61); and Kimberly, Jelani, Ayinde and Kaia Khamisi's motions to take judicial notice (Docs. 65, 66, 67, 68, 69).

         II. Allegations of the complaint

         Plaintiffs Ayinde Khamisi, Jelani Khamisi, Kaia Khamisi, Kijai Khamisi and Kimberly Khamisi sue each of the defendants in their individual and official capacities. (Doc. 7, ¶¶ 12-27). Plaintiffs bring claims for injunctive relief and damages under 42 U.S.C. §§ 1983 and 1988, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, under 28 U.S.C. §§ 1331 and 1343, and under the Court's supplemental jurisdiction, 28 U.S.C. § 1367. Plaintiffs make the following allegations in the complaint:

         Plaintiffs are citizens of Ohio. (Id., ¶ 1). On November 6, 2017, Cincinnati police officers Marsh, Moore and Samuel trespassed on claimant Kijai Khamisi's person/property and unlawfully detained and fingerprinted her at gun point in front of her apartment because they mistook Kijai for her sister, Kaia Khamisi. (Id., ¶ 2). On November 8, 2017, Kimberly, Kaia, Ayinde and Jelani Khamisi and Jelani's fiancee Mariah were all named in a 21-count felony indictment. (Id., ¶ 2). The indictment was "fraudulent" and was "knowingly and maliciously concocted and supervised" by defendants Deters, Anderson, Schinaman, Ruehlman, Bachman, Hayslip, Enderle (Doe), Neil and Pureval from "civil quiet title-verified complaints, that Claimants had individually filed with the Hamilton County Common Pleas Court, over a 2 year span of time." (Id.). The indictment was obtained without probable cause because it does not charge an element of any of the crimes plaintiffs are alleged to have committed, which are theft, unauthorized use of property, and tampering with records. (Id., ¶ 36). The bill of particulars accuses plaintiffs of "illegally 'squatting' and attempting to steal a house, " but plaintiffs allege that defendants Deters and Anderson are actually referring to the "common law doctrine of adverse possession in the bill of particulars, " which plaintiffs allege is not governed by a statute and is not a crime so as to convey subject matter jurisdiction on the state court. (Id., ¶ 37).

         Jelani Khamisi has been incarcerated as a result of the indictment since November 27, 2017; he has challenged the state court's jurisdiction since the initial court hearing and has not entered a plea; and he has been denied the opportunity to present and defend himself or to have the court respond to "his habeas corpus." (Id., ¶ 31). Defendant Magistrate Bachman vindictively set an excessive bond of SI 50, 000 for him in retaliation for his request that Magistrate Bachman recuse himself from his quiet title case in 2016 on the ground Magistrate Bachman had allegedly exceeded his jurisdiction, had denied plaintiffs right to due process of law by denying and ignoring civil title lawsuits, and was biased against the common law and statutory law. (Id., ¶ 31).

         Plaintiffs Kimberly, Kaia and Ayinde Khamisi allege they are within their rights to avoid a "false arrest" and they "have not been apprehended." (Id., ¶ 33). They allege they are "being denied the right to access the Courts to file legal documents in order to defend themselves against the foundational trespasses perpetuated by Defendants." (Id.). They allege they have "previously challenged the Court's jurisdiction on record through pleadings, such as; Writ of Mandamus, Prohibition, and Affidavit of Disqualifications in Ohio Supreme Court, habeas corpus in Federal Court, Notice of Void Judgment, Affidavit in Opposition to Defendants' Motion to Dismiss, writ of habeas and Affidavits in Trial Court." (Id.).

         Claimant Kijai Khamisi was "harassed and unlawfully detained for approximately 1 hour and 15 minutes" by the City defendants as a result of mistakes. (Id., ¶ 34). Golf Manor police officers Matthews and Geraci harassed and interrogated her as she was inquiring about the arrest warrants issued against the other plaintiffs at the Golf Manor Police Station. When Matthews began questioning plaintiff, Geraci left the station and forced the door open on Kijai Khamisi's vehicle which was in the parking lot. (Id.). "They'' began interrogating Kijai Khamisi's friend, Shannon Reed, who was in the front passenger seat of the vehicle, and "forced him" to present his identification. (Id.). As Kijai Khamisi attempted to leave the premises, Matthews motioned for Geraci to follow Kijai, and he did so until she pulled over and called 911, at which point Geraci continued to drive on. (Id.). Kijai Khamisi, her friend, and her two sons who were in the back of the vehicle feared for their lives and suffered traumatically from the event. (Id.). Kijai immediately went to the hospital with shortness of breath and learned her blood pressure was over 200 due to the anxiety and stress of the event. (Id.).

         Plaintiffs appear to allege that the indictment was not supported by probable cause and that defendants have violated their ...


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