Ingrassia v. Sheets et al

Filing 5

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis[Doc. #2] is GRANTED.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint pursuant to the waiver agreement t he Court has with the Missouri Department of Mental Health. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants shall reply to plaintiffs 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 this case is assigned to Track 5B: Prisoner Standard. Signed by Honorable Carol E. Jackson on 12/1/11. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS J. INGRASSIA,
Plaintiff,
v.
DARREN SHEETS, et al.,
Defendants.

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No. 4:11CV2033 CEJ

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff, a civil detainee at
Sexual Offender Rehabilitation Treatment Services (“SORTS”), for leave to commence
this action without payment of the required filing fee [Doc. #2]. The Court finds that
plaintiff does not have sufficient funds to pay the filing fee and will grant plaintiff’s
motion to proceed in forma pauperis. See 28 U.S.C. § 1915. Furthermore, after
reviewing the complaint, the Court will order the Clerk to issue process or cause process
to be issued on the complaint.
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 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 “it 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 “enough facts to state a claim to relief that
is plausible on its face.” Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1974 (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, 32-33 (1992);
Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).
The Complaint
Plaintiff brings this action against four SORTS transport officers pursuant to 42
U.S.C. § 1983, claiming violation of his rights under the Eighth and Fourteenth
Amendments to the United States Constitution. Plaintiff alleges that defendants Darren
Sheets, David Easter, Gary Bennett and Richard Watkins---all of whom are employees
of the Missouri Department of Mental Health---used excessive force and acted with
deliberate indifference when they placed him in handcuffs that were too tight and
refused to loosen them even after plaintiff told defendants he was suffering pain and
numbness in his hands and wrists. Plaintiff asserts that the pain in his wrists lasted “over
one month,” and the “numbness in his hand and wrist lasted over three months” and that

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he continues to have numbness in his hand and wrist “over eight months later.” Plaintiff
seeks monetary and injunctive relief.
The Court finds that plaintiff has asserted non-frivolous claims that survive
review under § 1915(e)(2)(B).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis
[Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause process
to issue upon the complaint pursuant to the waiver agreement the Court has with the
Missouri Department of Mental Health.
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 this case is assigned to Track 5B: Prisoner
Standard.
Dated this 1st day of December, 2011.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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