Houston v. Shoemaker et al

Filing 10

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff shall submit a second amended complaint, in accordance with the instructions set forth in this Memorandum and Order, no later than twenty-one (21) days from the date of thi s Memorandum and Order. IT IS FURTHER ORDERED that the Court shall mail to plaintiff three (3) blank forms for the filing of a prisoner civil rights complaint. Plaintiff may request additional forms from the Clerk, as needed. IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Memorandum and Order, the Court will dismiss this action, without prejudice and without further notice. Signed by District Judge Catherine D. Perry on 11/28/2016. (Three §1983 packets mailed to plaintiff this date with Memorandum and Order.) (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JOHN K. HOUSTON,
Plaintiff,
v.
KEVIN SHOEMAKER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 2:16-CV-36-CDP

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff, proceeding pro se and
in forma pauperis, brings this civil action alleging violation of his Eighth and Fourteenth
Amendment rights based upon different unrelated events occurring at different times during his
incarceration at the Macon County Jail in Macon County, Missouri in 2014.
In his original complaint, plaintiff set forth numerous allegations against numerous
defendants based upon unrelated events that occurred at different times. The Court noted that
plaintiff had failed to assert specific allegations and claims against all of the named defendants,
and failed to identify all but two of the defendants as state actors. The Court also noted that
plaintiff appeared to be bringing multiple claims that did not arise from the same transaction or
occurrence against multiple parties, a practice that is forbidden. The Court ordered plaintiff to
submit an amended complaint, specifically instructing him to include facts and allegations
related only to the transaction or occurrence he selected, Fed. R. Civ. P. 20(a)(2), or alternately,

1

name a single defendant and set forth as many claims as he had against that defendant. Fed. R.
Civ. P. 18(a). 1
Plaintiff submitted an amended complaint, naming as defendants Kevin Shoemaker and
Alan Wyatt. The amended complaint contains the same defects of the first. In addition, plaintiff
failed to sign the amended complaint. Some of the allegations therein are as follows. On
September 4, 2014, defendants denied plaintiff medical treatment and medicine, causing him to
fall down the stairs and injure his back and neck. From August 2014 through October, 2014,
defendants “in their official capacities”2 violated his Constitutional rights when they failed to
provide handicap access for plaintiff to travel the stairs. From August 2014 through October
2014 defendants violated plaintiff’s Eighth Amendment rights when they made him share
intravenous needles with other inmates. Defendants failed to properly supervise their employees
in terms of providing proper medical care, and also, along with “their employees agents and
representatives,” violated his rights on September 24, 2014 when they took him to the hospital
for testing.

Defendants refused plaintiff medical treatment, and they failed to supervise

employees generally causing plaintiff to suffer falls. Defendant Shoemaker along with the head
administrator of the Macon County Jail violated plaintiff’s Eighth and Fourteenth Amendment
rights by failing to properly supervise employees and agents of the Macon County Jail in the
medical treatment and conditions of the facility. The amended complaint continues in this
1

Rule 18(a) of the Federal Rules of Civil Procedure states: AA party asserting a claim to relief as
an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as
alternate claims, as many claims, legal, equitable, or maritime, as the party has against an opposing
party.@
Rule 20(a)(2) of the Federal Rules of Civil Procedure allows for joinder of defendants if Aany
right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out
of the same transaction, occurrence, or series of transactions or occurrences; and . . . any question of law
or fact common to all defendants will arise in the action.@
2

This specification of capacity is the only mention in the amended complaint of the capacity in
which plaintiff intends to sue the defendants.

2

manner, alleging violations of his constitutional rights stemming from different transactions
and/or occurrences and involving the defendants acting together, individually, and in concert
with other unnamed/unidentified individuals.
Because plaintiff is proceeding pro se, he will be given the opportunity to submit an
amended pleading. Plaintiff is instructed to select the transaction or occurrence that he wishes to
pursue, in accordance with Rules 18 and 20 of the Federal Rules of Civil Procedure, and file a
second amended complaint limiting his facts and allegations to the defendant(s) involved in that
transaction or occurrence. In the alternative, plaintiff may select a single defendant and allege all
of the claims he has against such defendant. All claims in this action must be included in one,
centralized complaint form, as neither the Court nor defendants wish to search through
supplemental and prior pleadings in order to piece together plaintiff=s claims. Plaintiff must not
attach exhibits to the second amended complaint. Plaintiff is reminded that he must sign the
second amended complaint. E.D.Mo. L.R. 2.01. If plaintiff wishes to sue any defendant in
his or her individual capacity, he must specifically say so in the second amended complaint.
Plaintiff is reminded that he is required to submit his second amended complaint on a
court-provided form, and it must comply with Rules 8 and 10 of the Federal Rules of Civil
Procedure. Specifically, in the "Caption" of the form complaint, plaintiff shall set forth the name
of each defendant he wishes to sue; and in the "Statement of Claim," plaintiff shall start by
typing or legibly printing the first defendant=s name and title, and under the name and title, he
shall set forth in separate numbered paragraphs the allegations supporting his claim(s) as to that
particular defendant, as well as the right(s) that he claims that particular defendant violated. If
plaintiff is suing more than one defendant, he shall proceed in this manner with each of the
named defendants, separately setting forth each individual name and under that name, in

3

numbered paragraphs, the allegations specific to that particular defendant and the right(s)
that he claims that particular defendant violated. It is improper for plaintiff to name multiple
defendants and generally allege that they violated his constitutional rights. Rather, he must set
forth his claims, separately and in numbered paragraphs, as to each named defendant, the
specific allegations relative to that particular defendant, as well as the right(s) allegedly violated.
Again, the second amended complaint must contain short and plain statements showing
that plaintiff is entitled to relief, the allegations must be simple, concise, and direct, and the
numbered paragraphs must each be limited to a single set of circumstances related to the
transaction or occurrence of which plaintiff is complaining. If plaintiff needs more space, he
may attach additional sheets of paper to the second amended complaint and identify them as part
of the "Caption" or "Statement of Claim." Because the Court is allowing plaintiff to amend his
complaint, it will take no action as to the named defendants at this time.
If plaintiff wishes to pursue additional claims against additional defendants, and the
claims do not arise from the same transaction or occurrence he has chosen to advance in
his second amended complaint, he must file each separate claim(s) on a separate complaint
form in a separate civil action, and either pay the statutory filing fee or file a motion for
leave to proceed in forma pauperis in such separate civil action.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall submit a second amended complaint, in
accordance with the instructions set forth in this Memorandum and Order, no later than twentyone (21) days from the date of this Memorandum and Order.

4

IT IS FURTHER ORDERED that the Court shall mail to plaintiff three (3) blank forms
for the filing of a prisoner civil rights complaint. Plaintiff may request additional forms from the
Clerk, as needed.
IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this
Memorandum and Order, the Court will dismiss this action, without prejudice and without
further notice.
Dated this 28th day of November, 2016.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

5