United States District Court, M.D. Georgia, Athens Division
D. LAND CHIEF U.S. DISTRICT COURT JUDGE.
Alissa Diego, who is proceeding pro se, alleges that she was
wrongfully prosecuted for and convicted of criminal trespass,
subjected to unreasonable probation conditions, and made to
serve her probation sentence after she appealed it. She also
alleges that her appeal was blocked and that Defendants
conspired to have her probation revoked. She brought this
action seeking an injunction, compensatory damages, and
punitive damages against a superior court judge and various
other officials. She also asserts claims against the Eighth
Judicial Administrative District of Georgia and Greene
County. There are three motions to dismiss pending before the
Court. Diego did not respond to any of these motions. As
discussed in more detail below, Diego's Complaint fails
to state a claim upon which relief can be granted, so the
three motions to dismiss (ECF Nos. 15, 18 & 25) are
TO DISMISS STANDARD
survive a motion to dismiss” under Federal Rule of
Civil Procedure 12(b)(6), “a complaint must contain
sufficient factual matter, accepted as true, to ‘state
a claim to relief that is plausible on its face.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). The complaint must include sufficient factual
allegations “to raise a right to relief above the
speculative level.” Twombly, 550 U.S. at 555.
In other words, the factual allegations must “raise a
reasonable expectation that discovery will reveal evidence
of” the plaintiff's claims. Id. at 556.
“Rule 12(b)(6) does not permit dismissal of a
well-pleaded complaint simply because ‘it strikes a
savvy judge that actual proof of those facts is
improbable.'” Watts v. Fla. Int'l
Univ., 495 F.3d 1289, 1295 (11th Cir. 2007) (quoting
Twombly, 550 U.S. at 556).
challenges “violations of her constitutional rights to
be free from unreasonable seizures, double jeopardy,
imprisonment without due process, and imprisonment for debt,
intimidation, humiliation, emotional distress and mental
distress.” Compl. ¶ 4, ECF No. 1.
Complaint is not long on details, but she appears to allege
that she was a defendant in a criminal proceeding before
Judge Alison Burleson in the Superior Court of Greene County,
Georgia. Diego asserts that unnamed Greene County deputies
harassed her when she appeared at the Greene County
courthouse. Judge Burleson found Diego guilty of criminal
trespass. Diego disagrees with that finding, but she did not
allege any specific facts to demonstrate that Judge Burleson
erred in finding her guilty.
announcing the conviction, Judge Burleson went into a
conference room with Sheriff Donnie Harrison and a court
reporter before pronouncing the sentence: “12 months of
probation under the first offender statute.”
Id. ¶ 5(c). That sentence included a number of
conditions, including “banishment from Greene
County” and drug and alcohol testing. Id.
filed an appeal in the Georgia Court of Appeals on April 13,
2017. She asserts that her appeal “acts as a
supersedeas” but that probation officer Brett Colbert,
acting pursuant to Judge Burleson's orders, required
Diego to begin her probation sentence regardless of the
appeal. Id. ¶ 5(e).
filed a motion for “Injunction of Sentencing Pending
Appeal, ” and Judge Burleson set a hearing but required
that Diego continue serving her probation sentence pending a
ruling on that motion. Id. ¶ 5(g). Diego
appeared at 10:30 a.m. on the day of the hearing (there is no
allegation on what time the hearing was supposed to be, but
the Complaint implies that Diego was late despite her best
efforts). Diego was told that the motion would not be heard
and that she needed to refile it. Id. ¶ 5(h).
alleges that the clerk of the Greene County Superior Court
did not send the appeal to the Court of Appeals. Diego
further contends that “Judge Burleson, with the aid of
the Chief clerk Ms. Jackson, had been purposely blocking
[Diego's] appeal.” Id. ¶ 5(i).
point, Colbert filed a petition for revocation of Diego's
probation. Diego asserts that there was a “conspiracy
to make false allegations . . . to have [Diego's]
probation revoked” and that Colbert lied in his
petition for revocation of Diego's probation.
Id. ¶ 5(j). The revocation hearing was
scheduled for May 15, 2017; Diego filed this action that day.
In filing this action, Diego anticipated that her probation
would be revoked and that she would be sent to jail.
asserts claims under the “Fourth, Fifth and Fourteenth
Amendments” to the U.S. Constitution pursuant to 42
U.S.C. § 1983. Id. ¶ 3. She also asserts
various state law claims, including claims under the Georgia
constitution and claims for “conspiracy and malicious
prosecution.” Id. She seeks compensatory
damages and an “injunction requiring the Defendants to
respect the laws state and federal constitutions and laws