Palmer v. Wallace et al

Filing 9

MEMORANDUM AND ORDER: IT IS FURTHER ORDERED that plaintiff's official-capacity claims are DISMISSED. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants shall reply to plaintiff's claims within the time provide d by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiff shall pay his initial partial filing fee of $22.77 no later than March 7, 2014. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Initial Partial Filing Fee due by 3/7/2014. Signed by District Judge Stephen N. Limbaugh, Jr on 2/19/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CORNELLLIUS PALMER,
Plaintiff,
v.
IAN WALLACE, et al.,

Defendants.

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No. 1:14CV0009 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s amended complaint under 28
U.S.C. § 1915(e). Section 1915(e) requires the Court to dismiss an action if it is frivolous,
malicious, or fails to state a claim upon which relief can be granted. After reviewing the
complaint, the Court will dismiss plaintiff’s claims against defendants in their official capacities,
but it will issue process on plaintiff’s individual capacity claims.
The Complaint
Plaintiff brings this action under 42 U.S.C. § 1983 against Ian Wallace, Warden of the
Southeast Correctional Center (“SECC”), and Stephen Bergeron, a Correctional Officer at
SECC. Plaintiff alleges that Wallace was aware that Bergeron had a practice of assaulting
inmates and that he had taken no remedial action against Bergeron. Plaintiff further alleges that
Bergeron pushed him down some stairs while he was handcuffed, injuring him. Plaintiff claims
that had Wallace taken action against Bergeron, he would not have been injured.
Discussion
Naming a government official in his or her official capacity is the equivalent of naming
the government entity that employs the official, in this case the State of Missouri. Will v.
Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989). “[N]either a State nor its officials acting

in their official capacity are ‘persons’ under § 1983.” Id. As a result, plaintiff’s official-capacity
claims fail to state a claim upon which relief can be granted, and these claims are dismissed.
The allegations against Wallace in his individual capacity sufficiently state a claim for
supervisory liability under § 1983. See Livers v. Schenck, 700 F.3d 340, 355 (8th Cir. 2012)
(supervisor may be liable under ' 1983 if he (1) had notice of a pattern of unconstitutional acts
committed by subordinates; (2) was deliberately indifferent to or tacitly authorized those acts; (3)
failed to take sufficient remedial action; and (4) proximately causing injury to plaintiff).
And the allegations sufficiently state a claim against Bergeron in his individual capacity
for excessive use of force. E.g., Foulk v. Charrier, 262 F.3d 687, 702 (8th Cir.2001). As a
result, the Court will order the Clerk to issue process on the complaint.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue
upon the complaint.
IT IS FURTHER ORDERED that plaintiff’s official-capacity claims are DISMISSED.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants
shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule
12(a) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that plaintiff shall pay his initial partial filing fee of
$22.77 no later than March 7, 2014.
IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard.
Dated this 19th day of February, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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