Williamson v. Corizon, Inc. et al

Filing 5

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Lamont Williamson. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS F URTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to inclu de upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Mina Massey in her individual capacity. Dr. Massey sh all be served through the waiver agreement this Court maintains with Corizon, Inc. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Mina Massey shall reply to plaintiff's claims within the time provided by the appl icable provisions of Rule 12(a) of the Federal Rules of Civil Procedure.IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Corizon, Inc., Ian Wallace, Dana Degen or John or Jane Doe because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 3/12/2018.) Signed by District Judge Stephen N. Limbaugh, Jr on 2/9/18. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LAMONT WILLIAMSON,
Plaintiff,
v.
CORIZON, INC., et al.,

Defendants.

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No. 1:17-CV-161 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff Lamont Williamson
(registration no. 363930), an inmate at Southeast Correctional Center (“SECC”), for leave to
commence this action without payment of the required filing fee. For the reasons stated below,
the Court finds that the plaintiff does not have sufficient funds to pay the entire filing fee and
will assess an initial partial filing fee of $1.00. See 28 U.S.C. § 1915(b)(1). Furthermore, after
reviewing the complaint, the Court will partially dismiss the complaint and will order the Clerk
to issue process or cause process to be issued on the non-frivolous portions of the complaint.
28 U.S.C. § 1915(b)(1)
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma pauperis is
required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his or
her prison account to pay the entire fee, the Court must assess and, when funds exist, collect an
initial partial filing fee of 20 percent of the greater of (1) the average monthly deposits in the
prisoner's account, or (2) the average monthly balance in the prisoner's account for the prior sixmonth period. After payment of the initial partial filing fee, the prisoner is required to make
monthly payments of 20 percent of the preceding month's income credited to the prisoner's
account. 28 U.S.C. § 1915(b)(2). The agency having custody of the prisoner will forward these

monthly payments to the Clerk of Court each time the amount in the prisoner's account exceeds
$10, until the filing fee is fully paid. Id.
Plaintiff has not submitted a prison account statement. As a result, the Court will require
plaintiff to pay an initial partial filing fee of $1.00. See Henderson v. Norris, 129 F.3d 481, 484
(8th Cir. 1997) (when a prisoner is unable to provide the Court with a certified copy of his prison
account statement, the Court should assess an amount “that is reasonable, based on whatever
information the court has about the prisoner=s finances.”). If plaintiff is unable to pay the initial
partial filing fee, he must submit a copy of his prison account statement in support of his claim.
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint filed in forma
pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is immune from such relief. An action is
frivolous if it Alacks an arguable basis in either law or fact.@ Neitzke v. Williams, 490 U.S. 319,
328 (1989); Denton v. Hernandez, 504 U.S. 25, 31 (1992). An action is malicious if it is
undertaken for the purpose of harassing the named defendants and not for the purpose of
vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987),
aff=d 826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a claim 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).
The Complaint
Plaintiff, an inmate at SECC, brings this action pursuant to 42 U.S.C. § 1983, alleging
violations of his civil rights. Plaintiff has named the following as defendants in this action:

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Corizon, Inc.; Ian Wallace (Warden); Mina Massey (Doctor); Dana Degen (Nurse); and John
and Jane Doe Nurses.1 Plaintiff sues defendants in their individual capacities only.
Plaintiff asserts that between the end of September 2013 and June of 2014, he had severe
bleeding symptoms in his right nostril. He claims that his bleeding symptoms were so severe on
two occasions that he was taken to the emergency room from the prison in order to have
procedures done to stop the bleeding. Plaintiff states that the doctor at the emergency room, on
each occasion, told plaintiff that he needed to see a specialist for his “tumor” in his nostril, and
the ER doctor referred him to an outside ENT doctor each time.
Plaintiff asserts, however, that each time he returned to the prison, Doctor Nina Massey
disregarded the ER doctor’s instructions and failed to allow him to see an ENT specialist for the
“tumor,” or even treat the pain associated with the “tumor” besides giving him ice and tylenol.
Plaintiff alleges that after each procedure at the emergency room he was left in tremendous pain,
and Dr. Massey failed to provide him with the pain medication given to him by the emergency
room physicians, which consisted of medicine containing codeine. Plaintiff claims that Dr.
Massey told him it was up to her discretion whether he should be treated or not. As the events
described in the complaint occurred as far back as 2014, plaintiff does not state whether he
eventually received treatment for the condition in his nose, from Dr. Massey or another doctor.
Plaintiff does allege that Dr. Massey was fired as a physician from Corizon after she retaliated
against him and filed a conduct violation against him for filing medical informal resolution

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In general, fictitious parties may not be named as defendants in a civil action. Phelps v. United
States, 15 F.3d 735, 739 (8th Cir. 1994). An action may proceed against a party whose name is
unknown, however, if the complaint makes sufficiently specific allegations to permit the identity
of the party to be ascertained after reasonable discovery. Munz v. Parr, 758 F.2d 1254, 1257
(8th Cir. 1985). Plaintiff has not stated that certain unknown or unnamed nurses made any
constitutional violations against him. As such, the John and Jane Doe nurses will be dismissed,
without prejudice, at this time.

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requests. Although plaintiff mentions that occurrence, he has not stated the facts surrounding the
alleged retaliation in his complaint, thus the Court will not include that as a claim in this action.
Plaintiff has not made any additional allegations against the other defendants in this
action, stating only that he believes that Dana Degen stood and watched his verbal altercation
with Dr. Massey, “presumably so she could be a hostile witness against him.”
In his request for relief, plaintiff seeks monetary damages and
Discussion
The Court will allow plaintiff’s deliberate indifference to his serious medical claim to go
forward against Dr. Massey in her individual capacity, pursuant to the Eighth Amendment.
However, plaintiff’s claims against the other defendants in this action are subject to dismissal as
he has not articulated that any of the other defendants were causally connected to the alleged
wrongful conduct purportedly perpetrated by Dr. Massey. See Madewell v. Roberts, 909 F.2d
1203, 1208 (8th Cir. 1990); Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (noting that
general responsibility for supervising operations of prison is insufficient to establish personal
involvement required to support liability under § 1983).
Moreover, plaintiff has not properly alleged a claim against Corizon, Inc., as he has not
alleged that there was an unlawful custom or policy responsible for Dr. Massey’s conduct. See
Monell v. Dep=t of Social Services, 436 U.S. 658, 690-91 (1978).
And, as noted above, plaintiff has not made specific allegations as to how certain
unnamed John or Jane Doe Nurses violated his rights such that they can be specifically identified
for the purposes of service and discovery. Thus, they are subject to dismissal at this time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc.
#2] is GRANTED.

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IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00
within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance
payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
proceeding.
IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee
within thirty (30) days of the date of this Order, then this case will be dismissed without
prejudice.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to
issue upon the complaint as to defendant Mina Massey in her individual capacity. Dr. Massey
shall be served through the waiver agreement this Court maintains with Corizon, Inc.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant
Mina Massey 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 the Clerk shall not issue process or cause process to
issue upon the complaint as to defendants Corizon, Inc., Ian Wallace, Dana Degen or John or
Jane Doe because, as to these defendants, the complaint is legally frivolous or fails to state a
claim upon which relief can be granted, or both.
IT IS FURTHER ORDERED that this case is assigned to Track 5: Prisoner Standard.
An Order of Partial Dismissal will accompany this Memorandum and Order.
Dated this 9th day of February, 2018.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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