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Rebecca Mercer, Also Known as Rebecca Mercer Hensley v. Fayette Circuit Court
Citations: 52 F.3d 325; 1995 U.S. App. LEXIS 18026; 1995 WL 222181Docket: 94-6644
Court: Court of Appeals for the Sixth Circuit; April 13, 1995; Federal Appellate Court
Rebecca Mercer, proceeding pro se, appealed a district court's dismissal of her lawsuit under 42 U.S.C. Sec. 1983 and the Racketeer Influenced and Corrupt Organizations Act (RICO), claiming violations of her due process rights by the Fayette Circuit Court. Mercer alleged that Mary Cooper Hensley, a Deputy Clerk, had ex parte communications with judges and was involved in neglecting her children. She sought injunctive relief, including Hensley's removal and the prosecution of involved parties. A magistrate judge recommended dismissal under 28 U.S.C. Sec. 1915(d), which was adopted by the district court after reviewing Mercer’s objections. On appeal, the court noted Mercer raised new claims not presented to the district court, which it would not consider due to lack of exceptional circumstances. The appellate court found no abuse of discretion in the dismissal. It concluded that Mercer's complaint failed to present a valid RICO claim and that she lacked standing to sue on behalf of other children. Additionally, the court clarified that the authority to initiate criminal complaints lies solely with prosecutors. Regarding any habeas corpus claim implied in her request for release from prison, Mercer had not exhausted her state court remedies. The court also declined to intervene in state court personnel matters. Furthermore, Mercer had previously filed multiple frivolous lawsuits, leading the court to warn that continued frivolous appeals could result in sanctions against her. The appellate court affirmed the district court's judgment.