United States District Court, D. Delaware
Maurice Bratcher, New Castle County, Delaware. Pro Se
ANDREWS, U.S. DISTRICT JUDGE
Don Maurice Bratcher proceeds pro se and has been
granted leave to proceed in forma pauperis. (D.I.
5). He commenced this action on March 6, 2019. (D.I. 2). On
April 4, 2019, Defendants Christina M. Kontis and Jenna
Milecki filed a motion to dismiss pursuant to Fed.R.Civ.P.
12(b)(6). (D.I. 6). The Court proceeds to review and screen
the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).
alleges that on February 1, 2018, he was stabbed in the
throat and locked out of his apartment by Tangela Raymond.
(D.I. 2 at 4). The police were called, and Plaintiff was
taken to the Christiana Hospital where he underwent surgery.
(Id.). At some point, Plaintiff was transferred from
the intensive care unit and "apparently [he] wanted to
leave the hospital against medical advice."
(Id. at 3).
was taken to the police station and questioned by Defendant
New Castle County Police Department Detective John Mancuso.
(Id. at 5). He was arrested on February 10, 2018,
charged with fifteen felonies, given a cash bail, and taken
to the Howard R. Young Correctional Institution in
Wilmington, Delaware. (D.I. 2 at 5, D.I. 7 at 7). At the
March 6, 2018 preliminary hearing, Plaintiffs attorney
questioned Raymond's credibility. (D.I. 2 at 5, D.I. 7 at
7). Plaintiff was bound over for the Superior Court,
"mostly from Mancuso's testimony." (D.I. 2 at
5). Defendant Delaware Deputy Attorney General Christina M.
Kontis represented the State at the hearing. (Id.).
was indicted on April 9, 2018 and charged with fifteen counts
including rape first degree while displaying a deadly weapon
or dangerous instrument, rape fourth degree, unlawful sexual
contact third degree, assault second degree, and possession
of a deadly weapon during the commission of a felony. (D.I. 2
at 5, D.I. 7 at 7). Two days later, on April 11, 2018, a DNA
laboratory report was completed which indicated that the
alleged victim's DNA was found on Plaintiff's penis,
but there was no presence of sperm or semen. (D.I. 2 at 5;
D.I. 10 at 6-8). Plaintiff was arraigned on April 24, 2018,
and committed to the Delaware Department of Correction. (D.I.
7 at 7-8).
July or August there was a prosecutor change, apparently to
Defendant Deputy Attorney General Jenna Milecki. (D.I. 2 at
5). Plaintiffs attorney filed a motion to suppress and a
motion in limine. (D.I. 7 at 10-11). On October 12, 2018, the
Court held a suppression hearing. (Id. at 11). On
the same date, a plea offer was extended to Plaintiff.
(Id.). Plaintiff alleges that it was clear to his
attorney that a crime never occurred, that the presiding
judge made Plaintiff aware that he faced a long sentence if
he was found guilty at trial, and that the Court attempted to
scare Plaintiff into pleading to a crime that never occurred.
(D.I. 2 at 6). Plaintiff rejected the offer. (D.I. 2 at 6;
D.I. 7 at 11).
October 15, 2018, the Court denied the motion to suppress and
granted in part the motion in limine and reserved ruling in
part until trial. (D.I. 7 at 11-12). The Court determined
that evidence of the alleged victim's character for
violence, honesty, and drug addiction could be admitted
through appropriate witnesses or evidence. (Id. at
11). The parties continued with trial preparation and the
Court granted the State's motion to continue the trial to
November 7, 2018. (Id. at 12-13). On October 26,
2018, the Attorney General filed a nolle prosequi on all
charges and the case was closed. (Id. at 13).
alleges that Mancuso, "an inexperienced major crimes
detective, failed to investigate [the alleged victim, and],
"knowing that [Plaintiff] left the hospital against
medical advice, Mancuso used the senseless statements that
[Plaintiff] made at the police [station] again [him]."
(D.I. 2 at 6). Plaintiff alleges that Kontis authorized the
charges when the DNA report proved that the crime never
occurred. (Id.) Plaintiff alleges that Milecki kept
him incarcerated "to precipitate a plea agreement."
alleges his injuries include loss of liberty due to his
incarceration, defamation, and severe emotional distress.
(Id. at 7). He alleges that he was terminated from
his job, evicted from his apartment, and his vehicle was
repossessed. (Id.) He seeks compensatory damages and
expungement of fifteen felony charges and two misdemeanor
and Milecki move to dismiss on the grounds that the claims
against them are barred by prosecutorial immunity. (D.I. 6,
7). Plaintiff responds that Defendants conspired to keep
Plaintiff in jail, knowing there was a premature indictment,
and did so to obtain a favorable result for the state without
regard to guilt or innocence.
federal court may properly dismiss an action sua
sponte under the screening provisions of 28 U.S.C.
§ 1915(e)(2)(B) if "the action is frivolous or
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune from such relief." Ball v. Famiglio, 726
F.3d 448, 452 (3d Cir. 2013); see also 28 U.S.C.
§ 1915(e)(2) (in forma paupehs actions). The
Court must accept all factual allegations in a complaint as
true and ...