The opinion of the court was delivered by: Mclaughlin, J.
Plaintiff, a prisoner, has filed a pro se civil rights complaint*fn1 against the City of Philadelphia; the Philadelphia County District Attorney's Office; District Attorney Lynne Abraham; the Defender Association of Philadelphia; and Public Defenders Ellen Greenlee, Dennis Kelly, John Madden and Nicole Taylor. Plaintiff alleges that the defendants conspired to have him plead guilty to criminal charges*fn2 despite being aware of "DNA evidence" which would have proved his innocence. Plaintiff alleges that the defendants suppressed this evidence despite his request for its production. Plaintiff asserts that he was denied justice because of his "past history" and his status as a mental health patient. As relief, plaintiff seeks damages and the release of all exculpatory evidence.
With the complaint, plaintiff filed a motion for leave to proceed in forma pauperis. Because it appears that he is unable to pay the cost of commencing this action, leave to proceed in forma pauperis will be granted. However, the complaint will be dismissed as legally frivolous for the reasons which follow.
Section 1915(e)(2) of Title 28 of the United States Code provides that "[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . (B) the action or appeal - (i) is frivolous or malicious, (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief."
B. Claims under 42 U.S.C. § 1985
To state a claim under § 1985(2) (second clause) or (3), plaintiff must allege that the defendants' actions were motivated by racially discriminatory animus. Plaintiff has made no such allegation, nor is such a conclusion warranted by the alleged facts of this case. Likewise, plaintiff has failed to state a cognizable claim under § 1985(1) (conspiracy to prevent a United States officer from taking office or performing official duties); or § 1985(2) (first clause) (conspiracy to deter a witness from attending or truthfully testifying in federal court). What remains are plaintiff's claims under 42 U.S.C. § 1983.
As a municipal entity, the City of Philadelphia is not subject to liability in a civil rights action absent a showing that unlawful actions were taken pursuant to a municipality's policies, practices, customs, regulations or enactments. Monell v. Dept. of Soc. Servs., 436 U.S. 658, 690-691 (1978), and that municipal practice was the cause of the injuries suffered, Bielevicz v. Dubinon, 915 F.2d 845, 850-851 (3d Cir. 1990). There being no such showing in the instant case, plaintiff's claim against the City of Philadelphia is dismissed as legally frivolous.
D. Prosecutorial Liability
The doctrine of absolute immunity shields prosecutors from liability for actions related to their official duties. Imbler v. Pachtman, 424 U.S. 409, 417-19 (1976). Prosecutors are absolutely immune from liability for money damages under § 1983 for acts "within the scope of [their] duties in initiating and pursuing a criminal prosecution." Id. at 410. Because nothing in this complaint suggests that the prosecutors in plaintiff's criminal cases acted outside the scope of their prosecutorial duties, plaintiff's claims for damages against the Philadelphia County District Attorney's Office and District Attorney Lynne Abraham are dismissed as legally frivolous.
Plaintiff alleges that the defendants conspired to deprive him of his constitutional rights. However, the record in this case shows that plaintiff's conspiracy claim is unsupported by any credible facts or theory. Accordingly, the Court finds that plaintiff's conspiracy claim is frivolous, and it is dismissed for that reason. See Young v. Kann, 926 F.2d 1396, 1405 n.16 (3d Cir. 1991) (conspiracy ...