Ladarius Cameron v. Mr. Bonney

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:12-cv-00516-MSD-LRL. Copies to all parties and the district court/agency. [999097913]. Mailed to: Ladarius Cameron. [12-7836]

Appeal: 12-7836

Doc: 8

Filed: 04/30/2013

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7836

LADARIUS M. CAMERON,
Plaintiff - Appellant,
v.
MR. BONNEY, Deputy,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
Judge. (2:12-cv-00516-MSD-LRL)

Submitted:

April 19, 2013

Decided:

April 30, 2013

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.

Ladarius M. Cameron, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7836

Doc: 8

Filed: 04/30/2013

Pg: 2 of 4

PER CURIAM
Ladarius Cameron, a Virginia state prisoner, appeals
the

district

court’s

order

dismissing

his

42

U.S.C.

§

1983

(2006) complaint for failure to state a claim pursuant to 28
U.S.C. § 1915A(b)(1) (2006).
confrontation

with

prison

Cameron’s complaint detailed a

officials

specific constitutional violations.

but

failed

to

articulate

We affirm in part, vacate

in part, and remand for further consideration.
We review de novo dismissals for failure to state a
claim under § 1915A(b)(1), “applying the same standards as those
for

reviewing

a

dismissal

under

Fed.

R.

Civ.

P.

12(b)(6).”

De’Lonta v. Angelone, 708 F.3d 520, 524 (4th Cir. 2013).

“The

purpose of a Rule 12(b)(6) motion is to test the sufficiency of
a

complaint;

importantly,

a

Rule

12(b)(6)

motion

does

not

resolve contests surrounding the facts, the merits of a claim,
or

the

applicability

of

defenses.”

Edwards

v.

City

of

Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999) (internal quotation
marks and brackets omitted).

As a result, to survive such a

motion, a complaint’s “[f]actual allegations must be enough to
raise a right to relief above the speculative level” and have
“enough facts to state a claim to relief that is plausible on
its

face.”

(2007).

Bell

Atl.

Corp.

v.

Twombly,

550

U.S.

544,

570

“In assessing the complaint’s plausibility, we accept

2

Appeal: 12-7836

as

Doc: 8

true

Filed: 04/30/2013

all

the

factual

Pg: 3 of 4

allegations

contained

therein.”

De’Lonta, 708 F.3d at 524.
To

extent

that

arising

violations

the

from

being

Cameron
forced

claimed
to

talk

constitutional
to

an

unwanted

visitor, verbal abuse from prison officials, and the denial of
access to a grievance form, the district court properly denied
relief for failure to state a claim.

See Siglar v. Hightower,

112 F.3d 191, 193 (5th Cir. 1997) (stating that mere “verbal
abuse by a prison guard does not give rise to a cause of action
under § 1983”), abrogated on other grounds by Wilkins v. Gaddy,
130 S. Ct. 1175 (2010); Adams v. Rice, 40 F.3d 72, 75 (4th Cir.
1994) (“[T]he Constitution creates no entitlement to grievance
procedures or access to any such procedure.”).

We affirm this

portion of the judgment.
On appeal, Cameron notes his complaint alleged, but
the district court failed to address, that in escorting Cameron
to his cell block, prison officials pushed him against a wall,
slammed his face to the floor, and used a knee to prevent him
from breathing.
his

resulting

Moreover, Cameron seeks money damages to cover
medical

bill.

Affording

Cameron’s

contentions

liberal construction, see Gordon v. Leake, 574 F.2d 1147, 1151
(4th Cir. 1978), Cameron asserted a plausible claim of excessive
force in violation of his Eighth Amendment rights.
v.

Benjamin,

77

F.3d

756,

761
3

(4th

Cir.

See Williams

1996)

(detailing

Appeal: 12-7836

Doc: 8

Filed: 04/30/2013

Pg: 4 of 4

subjective and objective components to excessive force claims).
Because the district court’s opinion did not address this claim,
we conclude that dismissal of Cameron’s complaint under § 1915A
was

premature

and

that

Cameron

should

have

been

afforded

opportunity to particularize his excessive force claim.

an

Thus,

we vacate and remand for the district court to address this
issue. ∗
Accordingly, we affirm the district court’s judgment
in part, vacate the district court’s judgment with respect to
Cameron’s

excessive

proceedings.

force

claim,

and

remand

for

further

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before

this

court

and

argument

would

not

aid

the

decisional

process.

AFFIRMED IN PART;
VACATED IN PART;
AND REMANDED

∗

By this disposition, we do not suggest that Cameron’s
claim is meritorious. Rather, on this record, we conclude only
that dismissal pursuant to § 1915A was inappropriate at this
stage of the proceedings.

4