SUPERIOR COURT FOR THE STATE OF RIDGEWAY
SYITHZ,
Plaintiff,
v.
CHICKEN10135,
Defendant.
____________________________/
CIVIL DIVISION
CASE NO.: 05-2024-RSC-CV-2926
JUDGE: HON. ALEXJCABOT
MEMORANDUM OPINION AND ORDER
This matter is before the Court on its own motion. For the reasons that follow, the Court
hereby ORDERS that Count I and Count III are DISMISSED WITH PREJUDICE.
I. BACKGROUND1
On May 20, 2024, Plaintiff Syithz was driving his vehicle near a Ridgeway County
Sheriff's Office in Ridgeway County, Ridgeway. As Plaintiff was making a right turn, Defendant
Chicken10135 drove his vehicle towards that of Plaintiff in the wrong lane of the road. In an
attempt to avoid collision, Plaintiff responded by quickly swerving his vehicle into the other
lane. This resulted in Defendant's vehicle desyncing from the road. Following the incident,
Defendant and an unnamed State official exited Defendant’s vehicle and began firing shots at
Plaintiff's vehicle until it exploded. Plaintiff brought the above action against Defendant on May
28, 2024, for false arrest, official misconduct, and false imprisonment.
II. LEGAL STANDARD
A complaint should be dismissed for “failure to state a claim upon which relief can be
1 For the purpose of applying the legal tests below, the facts in the Complaint are presumed to be
truthful and factually accurate.
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granted[.]” See Rid. R. Civ. P. 12(a); see generally LargeTitanic2, Gov. of Rid. v.
Nevplaysgames, et al., 1 Rid. 98 (2023) (“[W]e have held that federal doctrines . . . are
incorporated into our system of laws and therefore federal precedent relating to such may be
used as precedent.”) A failure-to-state-a-claim motion tests the “legal sufficiency” of a
complaint. See Navarro v. Block, 250 F. 3d 729 (9th Cir.2001); see also Balistreri v. Pacifica
Police Dept., 901 F.2d 696, 699 (9th Cir.1988).
Under Rid. R. Civ. P. 12(a), a complaint fails to state a claim if "it appears beyond doubt
that the plaintiff can prove no set of facts in support of his claim which would entitle him to
relief." Conley v. Gibson, 355 U.S. 41, 45-46 (1957). In deciding such a motion, the Court must
view all allegations in the complaint in the light most favorable to the plaintiff and must accept
all material allegations—as well as any reasonable inferences—as true. Balistreri, 901 F.2d 696,
699 (9th Cir.1988). Dismissal is proper only where there is no cognizable legal theory or an
absence of sufficient facts alleged to support a cognizable legal theory. Ibid.
III. ANALYSIS
The Court notes that Plaintiff’s Complaint was not prepared by counsel. It is settled law
that the allegations of such a complaint, "however inartfully pleaded" are held "to less stringent
standards than formal pleadings drafted by lawyers . . . ." Haines v. Kerner, 404 U. S. 519, 520
(1972); see also Maclin v. Paulson, 627 F. 2d 83, 86 (CA7 1980); French v. Heyne, 547 F. 2d
994, 996 (CA7 1976). Such a complaint can only be dismissed for failure to state a claim if it
appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which
would entitle him to relief.'" Haines, supra, at 520-521, quoting Conley v. Gibson, supra, 355
U.S. 41, 355 U.S. 45-46 (internal citations omitted); Hughes v. Rowe, 449 U.S. 10 (1980).
Plaintiff Syithz appears to allege a claim against Defendant Chicken10135 in one of the
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three counts of the Complaint. In Counts I and III he asserts claims for false arrest and false
imprisonment under 8 R. Stat. § 1202 and 1 R. Stat. § 3104. However, 8 R. Stat. § 1202 reads
“[a]ll incidents of false arrest shall be reported to the Department of Justice as well as the Law
Enforcement Training Center.” This statute does not expressly create a private right of action,
and any question of whether the legislature intended to create a private right of action through its
text can be “definitively answered in the negative’ because the statute by its terms “grants no
private rights to any identifiable class." See Gonzaga Univ. v. Doe, 536 U.S. 273 (2002).
Count III similarly does not state a claim because the Complaint fails to allege that
Defendant acted "without legal authority or justification" or that he "restrain[ed] or restrict[ed]
[Plaintiff's] movement within an area," or "restrain[ed] [his] permission . . ." 1 R. Stat. § 3104.
Without specific pleading of these elements in the Complaint, it can be said that Plaintiff can
prove no set of facts in support of his claim which would entitle him to relief. Even if the Court
could reasonably infer that Plaintiff’s movement or permission was restrained illegally from the
Complaint as it stands, Plaintiff’s false-imprisonment claim is barred by sovereign immunity.
Under 1 R. Stat. § 3203, the government is “immune from all claims except those in this
section, and later laws in which liability is explicitly created against the government.” While the
Complaint makes no specific pleading of Defendant’s capacity, "[t]he course of proceedings . . .
indicate the nature of the liability sought to be imposed." See Kentucky v. Graham, 473 U.S. 159
n. 14 (1985) (quoting Brandon v. Holt, 469 U.S. 464, 469 (1985)). Indeed, Count II of the
Complaint states a claim for official misconduct based on Defendant’s status as Deputy Sheriff in
the Ridgeway County Sheriff’s Office. The substance of Plaintiff’s pleading makes clear that
official liability is sought and Count III is accordingly barred under 1 R. Stat. § 3203.2
2 By stating a claim for official misconduct, it is stipulated that Defendant acted in his official
capacity. See 1 R. Stat. § 3104 (“Any individual who is a public servant and commits an act
relating to his office but constitutes an unauthorized exercise . . .”) (emphasis added.)
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IV. CONCLUSION
For the foregoing reasons, the Court concludes that Defendant has failed to state a claim
on Counts I and III of the Complaint. The Court therefore ORDERS that Counts I and III of the
Complaint are DISMISSED WITH PREJUDICE.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Palmer, Ridgeway
County, Ridgeway, this 28th of May, 2024.
BY: /s/ -
ALEX J. CABOT
Ridgeway Superior Court Judge
Copies to: Syithz
Chicken10135
Stickza, Solicitor General
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