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Hutchins v. Maine State Housing

United States District Court, D. Maine

April 16, 2015

BONNY LOU BUZZELL HUTCHINS, Plaintiff,
v.
MAINE STATE HOUSING, and UNITED STATES PROBATION AND PRETRIAL SERVICES, Defendants.

RECOMMENDED DECISION

JOHN C. NIVISON, Magistrate Judge.

In this action, Plaintiff seeks to recover for damages allegedly resulting from Defendants' conduct related to Plaintiff's housing, and Plaintiff's probation. The matter is before the Court on the Motion to Dismiss of Defendant Probation and Pretrial Services (ECF No. 13), and the Motion to Dismiss of Defendant Maine State Housing (ECF No. 15).[1]

As explained below, following a review of the pleadings, and after consideration of the parties' arguments, the recommendation is that the Court grant the Motion to Dismiss of Defendant Probation and Pretrial Services (ECF No. 13), [2] and grant the Motion to Dismiss of Defendant Maine State Housing Authority (ECF No. 15).

BACKGROUND FACTS

The facts set forth herein are derived from Plaintiff's pleadings, which facts are deemed true when evaluating the motions to dismiss.[3] Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 16 (1st Cir. 1998). In addition, the Court can also consider public records, documents central to Plaintiff's claim, and documents sufficiently referred to in the complaint. Alternative Energy, Inc. v. St. Paul Fire and Marine Ins. Co., 267 F.3d 30, 33 (1st Cir. 2001).

Plaintiff's Allegations

In her form pro se complaint, Plaintiff states that her husband committed suicide in 2004 and that she attempted suicide in 2007. As cause for her attempted suicide, Plaintiff states: "because of the owners of my rental, past owners alcoholic neighbors, mental health employee, Verizon, son deployment to the Middle East war." (PageID # 2.) In addition, Plaintiff alleged that her service dog was euthanized when she was incarcerated. As for the cause of her incarceration, Plaintiff faults the United States Probation and Pretrial Services. ( Id. ) She also states, "Court ordered medication." ( Id. )

On the portion of the complaint reserved for jurisdictional statements, Plaintiff asserts that her husband suffered negative media coverage, employment harassment, and alleged civil rights violations and undisclosed forms of harassment. She also states that he experienced torture by religion while working. As to her own difficulties, Plaintiff cites: "alcoholic neighbors, owner of the apartment building son and ferocious dog, keeping up all night, owner roofer stomping on roof, court ordered medication, unlawful imprisonment, domestic violence in the church I was attending." (PageID # 4.)

For relief, Plaintiff requests "criminal fines on the defendants" and "justification on three counts of wrongful death." (PageID # 5.) When asked to describe any pertinent prior administrative procedure, Plaintiff asserts "2010 wrongful imprisonment, breaking federal probation, involuntary commitment to mental health facility, 2003 housing discrimination @ womens batter [sic] shelter." ( Id. )

On January 26, 2015, Defendant Probation and Pretrial Services filed a motion to dismiss (ECF No. 13), in which motion Defendant included jurisdictional and merits-based challenges to Plaintiff's complaint. On January 28, 2015, Defendant Maine State Housing Authority filed a similar motion to dismiss (ECF No. 15).

On February 20, 2015, Plaintiff filed a pleading captioned "Objection, Dismissal on Bonny L. Buzzell, Hutchins V. Maine State Housing Authority" (ECF No. 16). In her filing, Plaintiff relates that she tried to bring about a change in "the state voucher, subsidy housing program and homelessness." (PageID # 55.) Plaintiff apparently maintains that she did not receive reimbursement for a rental deposit and obtained no relief from the Bridging Rental Assistance Program. ( Id. ) Plaintiff also asserts that she can prove that the mental health system is being abused, that her rights have been taken away to protect criminals, and that she has been moved from town to town and state to state. (PageID ## 55-56.) Plaintiff contends that the Housing Authority forced her to live with unsafe conditions, including people under the influence of state hospital medication for a long period of time, forced her to live in towns where shelters were empty, and forced her to remain in undesirable locations when she received her voucher. Plaintiff further alleges that the Housing Authority has separated her family, allowed abuse from strangers and other unnecessary crimes, shredded her file, and abused her every time she called for answers. (PageID # 57.)

Plaintiff's Underlying Criminal Matter

Plaintiff's incarceration and supervised release were imposed pursuant to a conviction entered by this Court in United States v. Bonny L Reynolds, a/k/a Bonny Hutchins. On October 20, 2009, the Court imposed a sentence of 24 months imprisonment and 3 years of supervised release upon Plaintiff's conviction for possession of firearms after having been committed to a mental institution and possession of a firearm with an obliterated serial number. As conditions of the supervised release, the Court required Plaintiff to participate in mental health treatment and to comply with the medication program prescribed by a licensed medical practitioner. (Case No. 1:07-cr-00086-JAW, ECF No. 102, PageID # 219.) Plaintiff's supervision commenced January 12, 2010. ( Id., ECF No. 120, PageID # 530.)

On March 1, 2011, Defendant Probation and Pretrial Services petitioned the Court for revocation of Plaintiff's probation based on assertions that she was not compliant with her medication plan. ( Id. ) The Court authorized the issuance of an arrest warrant, and ordered Plaintiff to be temporarily detained pending a hearing on the petition. Following a delay in the effort to obtain a psychiatric examination of Plaintiff, [4] the Court granted Plaintiff's motion for temporary release from detention to facilitate an admission at either the Riverview Hospital or the Dorothea Dix Psychiatric Center. ( Id., ECF Nos. 121, 129, 144, ...


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