Caranchini v. Hayden

          MEMORANDUM AND ORDER

          Carlos Murguia, United States District Judge.

         Pro se plaintiff Gwendolyn G. Caranchini filed the present action against Johnson County Sheriff Calvin Hayden, the Johnson County Detention Center, Correct One Solutions, and Sheriffs of Johnson County, Kansas, for violations of her constitutional rights while she was incarcerated in the Johnson County Jail. The matter is currently before the court on Sheriff Hayden, the Sheriffs of Johnson County, Kansas, and the Johnson County Detention Center's Motion to Dismiss (Doc. 4). Defendants argue the claims against them should be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the court grants defendants' motion.

         I. Background

         Plaintiff filed a 66-page complaint in Johnson County, Kansas District Court on February 6, 2019. Defendants removed the case to this court on February 7, 2019. The court will highly summarize the facts relevant to the present motion. Plaintiff, a former attorney^[1], and Rick Peck were involved in an extra-marital affair. At some point Rick and his wife, Lola Peck, filed for a Temporary Restraining Order (“TRO”) against plaintiff.

         On February 9, 2017, plaintiff appeared in front of a Johnson County District Court magistrate judge for a hearing on the TRO. At the conclusion of the hearing, deputies from the Johnson County Sheriff s Department arrived to arrest plaintiff on telephone harassment charges. Plaintiff was taken to the Johnson County Jail where she was held until she was released the following evening on bond. She was incarcerated for approximately 36 hours.

         Plaintiff cites various instances that occurred during her incarceration that are the basis of her lawsuit:

• She was not brought before a judge to be given the reason for her incarceration,

• She was not given an opportunity to make a telephone call to her lawyer or to make bail,

• She was not given an opportunity to post bail,

• She was denied her medications or the opportunity to see a doctor or nurse,

• She was placed in a cell with bright lights which intensified her migraine headaches,

• She was denied food that complied with her restricted diet,

• She was denied water,

• She was assaulted by multiple sheriffs who “humped her sexually” and then dragged ...