Roydhouse v. City of Cape Girardeau Police Department

Filing 5

MEMORANDUM AND ORDER re: 4 MOTION to Appoint Counsel filed by Plaintiff David John Roydhouse, 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff David John Roydhouse. IT IS HEREBY ORDERED that plaintiff's motion for leav e to proceed in forma pauperis [Doc. #2] is GRANTED.IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint is legally frivolous and fails to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #4] is DENIED as moot. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 4/3/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DAVID JOHN ROYDHOUSE,
Plaintiff,
v.
CITY OF CAPE GIRADREAU
POLICE DEPARTMENT,
Defendant.

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No. 1:14-CV-36-ACL

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of David Roydhouse for leave
to commence this action without payment of the required filing fee [Doc. #2].
Upon consideration of the financial information provided with the motion, the Court
finds that plaintiff is financially unable to pay the filing fee, and therefore, the
motion will be granted. Furthermore, for the reasons set forth below, the Court will
dismiss this action pursuant to 28 U.S.C. ' 1915(e)(2)(B).
28 U.S.C. ' 1915(e)
Pursuant to 28 U.S.C. ' 1915(e)(2)(B), the Court may dismiss a complaint
filed in forma pauperis at any time if the action is frivolous, malicious, fails to state a
claim upon which relief can be granted, or seeks monetary relief against a defendant
who is immune from such relief. An action is frivolous if Ait lacks an arguable basis

in either law or in fact.@ Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action
fails to state a claim upon which relief can be granted if it does not plead Aenough
facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007).
In reviewing a pro se complaint under ' 1915(e)(2)(B), the Court must give
the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519,
520 (1972).

The Court must also weigh all factual allegations in favor of the

plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504
U.S. 25, 32 (1992).
The Complaint
Plaintiff seeks monetary relief in this action brought pursuant to 42 U.S.C. '
1983. The named defendant is the City of Cape Girardeau Police Department.
Plaintiff alleges that he was denied medical care and his prescription drugs while
confined for ten days at the Cape Girardeau City Jail.
Discussion
Having carefully reviewed plaintiff's allegations, the Court concludes that the
complaint is legally frivolous, because police departments are not suable entities
under ' 1983. See Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th
Cir. 1992); see also De La Garza v. Kandiyohi County Jail, 2001 WL 987542, at *1

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(8th Cir. 2001) (sheriff's departments and police departments are not usually
considered legal entities subject to suit under ' 1983); Crigler v. City of St. Louis,
767 F.Supp. 197, 198 (E.D. Mo. 1991) ( "St. Louis Police Department" is not a
suable entity). For this reason, the Court will dismiss this action pursuant to 28
U.S.C. ' 1915(e)(2)(B).
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff=s motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue, because the complaint is legally frivolous and fails to state a claim
upon which relief may be granted. See 28 U.S.C. ' 1915(e)(2)(B).
IT IS FURTHER ORDERED that plaintiff's motion for appointment of
counsel [Doc. #4] is DENIED as moot.
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 3rd day of April, 2014.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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