DUNKLE
v.
CARMACK
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A failure to provide Miranda warnings does not create a cognizable claim for damages under § 1983, and challenges to criminal proceedings must be brought via habeas corpus.
Plaintiff, a pre-trial detainee, sued defendants alleging a violation of his constitutional rights by failing to advise him of his Miranda rights befo…
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Mr. Dunkle, a Florida pre-trial detainee, initiated this action by filing a civil rights complaint (Doc. 1).
He alleges Defendants violated his constitutional rights by failing to advise him of his Miranda rights before questioning him and obtaining a statement from him.1 As relief, Mr. Dunkle requests all “incriminating evidence” in his criminal case suppressed, the criminal charges dismissed, and monetary compensation for violation of his Miranda rights (Id., p. 5).
The Court has undertaken a preliminary screening of the complaint in accord with 28 U.S.C. § 1915(e)(2).
After doing so, the Court determines the complaint must be dismissed for failure to state a claim on which relief may be granted. Mr. Dunkle’s allegation that Defendants violated Miranda procedures is not a cognizable claim under § 1983. See Vega v. Tekoh, 142 S. Ct. 2095 (2022);Jones v. Cannon, 174
F. 3d 1271, 1291 (11th Cir. 1999) (“[Flailing to follow Miranda procedures triggers the prophylactic protection of the exclusion of evidence, but does not violate any substantive Fifth Amendment right such that a cause of action for money damages under § 1983 is created.”).
And to the extent Mr. Dunkle challenges his criminal proceedings, he must raise his claims in a habeas corpus petition, not a civil rights complaint. See Heck v. Humphrey, 512 U.S. 477, 481 (1994) (“[H]abeas corpus is the exclusive remedy for a state prisoner who challenges the fact or duration of his confinement and seeks immediate or speedier release, even though such a claim may come within the literal terms of § 1983.” (citing Preiser v. Rodriguez, 411 U.S. 475 (1973))); Maps v. Miami Dade State Attorney, 693 F. App’x 784, 786- 87 (11th Cir. 2017) (“It is well established that an inmate in state custody ‘cannot use a § 1983 action to challenge the fact or duration of his confinement’ and instead must seek federal habeas corpus or appropriate state court relief.”) (quoting Wilkinson v. Dotson, 544 U.S. 74, 78 (2005)).
Thus, the complaint is subject to dismissal under § 1915(e)(2)(B)(ii).
Accordingly, the complaint (Doc. 1) is DISMISSED for failure to state a claim upon which relief may be granted. The Clerk must close this case. ORDERED in Tampa, Florida, on November 4, 2022. me,
UNITED STATES DISTRICT JUDGE
SA: sfc Copy to: Christopher William Dunkle, pro se
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Preiser v. Rodriguez, 411 U.S. 475 (U.S. 1973)