Jones v. Cummings

Dist. Ct. did not err in dismissing for failure to state cause of action, plaintiff's section 1983 action alleging that defendants-county prosecutor (in his official capacity) and two deputy prosecutors (in their individual capacities) maliciously prosecuted him in violation of his due process rights when they filed untimely amendment to his original charges and secured conviction on amended charge. While plaintiff requested $50 million in damages for his confinement and for past and future physical and emotional damages, plaintiff failed to state cause of action against county prosecutor, since: (1) county prosecutor was state official, and thus instant lawsuit, which was filed in prosecutor's official capacity, was in essence action against State of Indiana; and (2) instant lawsuit fell outside scope of section 1983 because State of Indiana is not "person" that can be sued under section 1983. Also, defendants-deputy prosecutors enjoyed absolute immunity from instant lawsuit for their conduct in filing untimely charging amendment, where filing and amending criminal charges against defendants are core prosecutorial functions. Ct. further observed that plaintiff's claim, which stemmed from prosecutors' decision to make untimely amendment in violation of Indiana law, did not trigger any federal claim that was addressable under section 1983.