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Gomez v. Commonwealth

United States District Court, E.D. Pennsylvania

December 10, 2019

JAVIER GOMEZ, Plaintiff,
v.
COMMONWEALTH OF PA, et al., Defendants.

          MEMORANDUM

          BARTLE, J.

         Plaintiff Javier Gomez brings this pro se civil action pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against numerous individuals and governmental entities.[1] Gomez seeks leave to proceed in forma pauperis. For the following reasons, the Court will grant Gomez leave to proceed in forma pauperis, and dismiss his Complaint.[2]

         I. FACTUAL ALLEGATIONS

         According to the Complaint, an “alleged traffic violation(s) occurred on 9/22/17 at approx. 2235-2255, started at N. Plum Street & E. Orange Street & I got stopped & illegally detained at the 400 Block of S. Prince Street.” (ECF No. 2 at 5.)[3] Gomez further describes the incident:

Nothing happened to Annie & Andy . . . I saw and heard Annie P. Roth & Andrew Ryan Lundgren say, “Oh shit, I think I saw an undercover cop car . . .” & they began to move irratically in the vehicle & hide stuff all over the car. I asked them to stop moving but they didn't listen. Two or five minutes later I see lights, but I don't hear anything so I keep driving approx. 2 minutes later I see blue & red lights w/ sound and I immediately stopped at the 400 block of S. Prince Street. Annie Patricia Roth and Andrew R. Lundgren are involved & I got arrested illegally.

(Id. at 6.) Gomez describes further conduct giving rise to his claims:

Before this incident I was undergoing an antibiotic treatment for a swollen left leg & I informed the arresting officers & they did not care nor listen. The antibiotics cause diarrhea & other side effects & even though I had already defecated 2 or 3 times prior to my illegal detainment/kidnapping, I informed the arresting officers that I had to go again during an hour period during my arrest, transport & at the police station. I ended up defecating on myself before fingerprinting & paperwork & 5 more times after that. Hence, cruel & unusual punishment, deliberate indifference, theft, etc. . .

(Id.)

         Based on the foregoing, Gomez asserts claims pursuant to 42 U.S.C. § 1983 based on alleged violations of his First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, Eleventh and Fourteenth Amendment rights, and his statutory right to redemption. (Id. at 4.) Gomez also alleges that contract, commercial and civil laws were violated in the course of his arrest, also giving rise to a § 1983 claim. (Id.) He further alleges that he was subjected to a warrantless search, illegal search and seizure, and prejudiced by fruit of the poisonous tree. (Id.) Gomez also asserts a Bivens claim, based on his allegation that unnamed individuals broke into and entered his personal vheicle and searched it without his consent and without jurisdiction, conducted a search without a warrant and an illegal search and seizure, violated the fruit of the poisonous tree doctrine, engaged in cruel and unusual punishment and kidnapping, illegally detained him, and violated his First, Second, Fourth, Fifth, Sixth, Eighth, Tenth and Fourteenth Amendment rights and his civil and commercial rights. (Id.)

         Gomez requests the following relief:

1.) Tried Annie P. Roth & Andrew R. Lundgren equally, criminal & civil court;[4]
2.) Release Javier Gomez from slavery/bondage immediately without parole/probation with prejudice & expunge from record;[5]
3.) Fired Detective Jessica Higgins, Ofc. Codi-Amanda Bleu Herr, MDJ Honorable Bruce Roth, Brother & District Judge to Annie R. Roth & the City of Lancaster, PA for collusion/conspiracy, etc. . .
4.) Three Million-Three Hundred Thousand Dollars and Thirty Three Cents ($3, 300, 000.33) for Pain & Suffering, Theft of Property, ...

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