Kelly v. U.S. Marshals Service et al
Filing
11
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to serve defendants Bob Holder and Ned Boyd with process. IT IS FURTHER ORDERED that defendant Nicole Green is DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiffs official-capacity claims are DISMISSED. An Order of Partial Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 8/29/2016. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JOHN KELLY,
Plaintiff,
v.
U.S. MARSHALS SERVICE, et al.,
Defendants.
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No. 1:16-CV-169 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s amended complaint under 28
U.S.C. § 1915(e). Under 28 U.S.C. § 1915(e), the Court must review the complaint and dismiss
it if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. Upon
review, the Court finds that process should issue with regard to defendants Bob Holder and Ned
Boyd.
Standard
To state a claim for relief under § 1983 and Bivens, a complaint must plead more than
“legal conclusions” and “[t]hreadbare recitals of the elements of a cause of action [that are]
supported by mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A
plaintiff must demonstrate a plausible claim for relief, which is more than a “mere possibility of
misconduct.” Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual
content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. at 678. Determining whether a complaint states a plausible claim for
relief is a context-specific task that requires the reviewing court to draw on its judicial
experience and common sense. Id. at 679.
Background
Defendants are Bob Holder, Sheriff of Dunklin County; Nicole Green, Jail Administrator
for the Dunklin County Jail; and Ned Boyd, U.S. Marshals Service. Plaintiff alleges that he
fractured bones in his hand on June 12, 2016. He notified defendant Green, who told him she
would call the U.S. Marshals Service to find out what could be done about the injury.
Nothing was done until June 30, 2016, when defendant Holder took plaintiff to see a
doctor. The doctor took an X-ray and told plaintiff he needed treatment. The doctor explained
that too much time had elapsed between the injury and the X-ray for regular treatment; plaintiff’s
hand would have to be re-fractured in order to set correctly.
Holder refused to allow plaintiff to have corrective surgery. Instead, Holder told the
doctor to give plaintiff a brace.
Green and Holder contacted defendant Boyd about plaintiff’s treatment options. Boyd
also refused the doctor’s recommended treatment.
Discussion
The Court finds that plaintiff’s medical mistreatment claims against Holder and Boyd
should not be dismissed at this time. Therefore, the Court will direct the Clerk to issue process
on these defendants in their individual capacities.
“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged
deprivation of rights.” Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see Ashcroft
v. Iqbal, 556 U.S. 662, 676 (2009) (“Because vicarious liability is inapplicable to Bivens and
§ 1983 suits, a plaintiff must plead that each Government-official defendant, through the
official’s own individual actions, has violated the Constitution.”). There are no allegations
showing that Green withheld medical treatment from plaintiff. As a result, plaintiff’s allegations
against her fail to state a claim upon which relief can be granted.
Plaintiff did not specify whether he is suing defendants in their official or individual
capacities.
Where a “complaint is silent about the capacity in which [plaintiff] is suing
defendant, [a district court must] interpret the complaint as including only official-capacity
claims.” Egerdahl v. Hibbing Community College, 72 F.3d 615, 619 (8th Cir. 1995); Nix v.
Norman, 879 F.2d 429, 431 (8th Cir. 1989). Naming a government official in his or her official
capacity is the equivalent of naming the government entity that employs the official. Will v.
Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989). To state a claim against a municipality
or a government official in his or her official capacity, plaintiff must allege that a policy or
custom of the government entity is responsible for the alleged constitutional violation. Monell v.
Dep’t of Social Services, 436 U.S. 658, 690-91 (1978). The instant complaint does not contain
any allegations that a policy or custom of a government entity was responsible for the alleged
violations of plaintiff’s constitutional rights. Furthermore, the United States is immune from
suit. As a result, plaintiff’s official-capacity claims fail as a matter of law.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to serve defendants Bob Holder
and Ned Boyd with process.
IT IS FURTHER ORDERED that defendant Nicole Green is DISMISSED without
prejudice.
IT IS FURTHER ORDERED that plaintiff’s official-capacity claims are DISMISSED.
An Order of Partial Dismissal will be filed separately.
Dated this 29th day of August, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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