Nicholson v. City of Westlake
Nicholson v. City of Westlake
Opinion of the Court
Richard Nicholson, proceeding pro se, appeals a district court judgment dismissing one of his civil rights complaints filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking monetary and equitable relief, Nicholson filed two lawsuits, which were consolidated, against the City of Westlake, its Mayor, the police department, the chief of police, and two police officers. In his first complaint (No. 1:99-CV-1381), Nicholson claimed that the defendants violated his Fourth Amendment rights when he was stopped and arrested without probable cause. Nicholson eventually pled nolo con-tendere to an amended charge of reckless operation of a vehicle. After the defendants had filed an answer to the complaint, an attorney (McQuade) filed an amended complaint on Nicholson’s behalf, purporting to add a conspiracy claim and claims for violating 42 U.S.C. §§ 1985 and 1986. The district court struck Nicholson’s amended complaint because he had not moved the court for permission to file the amended complaint and because it had been filed by an attorney who had not then been admitted to practice before the court. In his second complaint (No. 1:00-CV-2026), Nicholson claims that the defendants retaliated against him for filing the first lawsuit because, during the two-month period following his arrest, they had “instituted a policy of investigating his personal affairs.”
Upon review, the district court partially granted the defendants’ motion for summary judgment and dismissed Nicholson’s first case, because his nolo contendere plea barred him from pursuing his Fourth Amendment claim. However, the court denied the defendants’ motion for summary judgment as to Nicholson’s second case. Indeed, the court ordered Nicholson to file an amended complaint setting forth more clearly his retaliation claim. Thereafter, the court denied Nicholson’s motion for reconsideration and his motion for summary judgment, and it denied the defendants’ motion to dismiss in Case No. l:00-CV-2026. Nicholson has filed a timely appeal, essentially reasserting his Fourth Amendment claim. Nicholson also argues that the district court was biased against him and that it improperly struck the amended complaint in his first case.
Initially, we note that this court has jurisdiction over this appeal, even though the cases were consolidated below and the court only disposed of one of the cases. A case which is disposed of on summary judgment is appealable pursuant to 28 U.S.C. § 1291 despite the fact that the case with which it is consolidated has not been disposed. Beil v. Lakewood Eng’g and Mfg. Co., 15 F.3d 546, 551 (6th Cir. 1994).
Upon review, we conclude that the district court properly granted sum
Accordingly, we affirm the district court’s judgment. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Richard C. NICHOLSON v. CITY OF WESTLAKE
- Cited By
- 12 cases
- Status
- Published