United States District Court, E.D. Pennsylvania
Marcel Page, currently incarcerated at SCI Mercer, pro
se sues the Bucks County District Attorney who
supervises the office which prosecuted Mr, Page. Mr. Page
seeks civil rights damages under 42 U.S.C. § 1983. He
moves to proceed in forma pauperis. We grant Mr.
Page leave to proceed in forma pauperis (ECF Doc.
No. 1) but must dismiss his Complaint.
Page alleges Matthew Weintraub "is a head district
attorney in which his department signed off on charges in
which District Attorney Alan Garabedian knew were false &
perjured by cops." Mr. Page alleges he has been
incarcerated for 15 months. He alleges "cops planted
& fabricated evidence using their badges for unjustice
[sic] a violation of [his] 4th
We grant leave to proceed in forma
grant Mr. Page leave to proceed in forma pauperis as
it appears he is not capable of paying the fees to commence
this case. Mr. Page's Complaint is subject to 28
U.S.C. § 1915(e)(2)(B)(ii), which requires we dismiss
the Complaint if it fails to state a claim. Whether a
complaint fails to state a claim under 28 U.S.C. §
1915(e)(2)(B)(ii), it is governed by the same standard
applicable to motions to dismiss under Federal Rule of Civil
Procedure 12(b)(6), which requires we determine whether his
complaint contains "sufficient factual matter, accepted
as true, to state a claim to relief that is plausible on its
face." "[M]ere conclusory statements do not
suffice." As Mr. Page is proceeding pro se,
we construe his allegations liberally.
We dismiss Mr. Page's civil rights claim.
state a claim under § 1983, a plaintiff must allege the
violation of a right secured by the Constitution and laws of
the United States, and must show that the alleged deprivation
was committed by a person acting under color of state
law." Prosecutors, such as District Attorney
Weintraub, are entitled to absolute immunity from liability
under § 1983 for acts in which "intimately
associated with the judicial phase of the criminal
process" such as "initiating a prosecution and . .
. presenting the State's case." District
Attorneys and other supervisory prosecutors are likewise
entitled to absolute immunity from claims based on their role
in pursuing a prosecution on behalf of the
Page's claims against Mr. Weintraub are based on conduct
occurring in the course of his prosecutorial capacity, his
claims are barred by absolute immunity.
accompanying Order, we grant Mr. Page leave to proceed in
forma pauperis and dismiss his Complaint with prejudice.
As Mr. Weintraub is absolutely immune, Mr. Page will not be
permitted to file an amended complaint, as an amendment is