Hymes v. St. Charles County Jail

Filing 7

OPINION, MEMORANDUM AND ORDER re: 2 ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $21.48 within thirty (30) days from the date of this Order. FURTHER ORDERED that plaintiff's Eighth Amendment claims are DISMISSED without prejudice. FURTHER ORDERED that the Clerk shall issue process or cause process to be issued upon the amended complaint as to Sgt. Warren, O fficer Strickland, Lt. McKee, Captain Post, Larry Crawford, and Dr. Loynd in their individual capacities. FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days, without first showing good cause, the Co urt will dismiss this action without prejudice and without further notice to him. FURTHER ORDERED that, pursuant to 42 U.S.C. 1997e(g)(2), defendants shall file responsive pleadings directed to plaintiff's Fourteenth Amendment claims, as set f orth in the amended complaint, within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate Order of Partial Dismissal of Claims shall accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 7/25/2014.). Signed by District Judge Henry Edward Autrey on 6/25/14. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRUCE HYMES,
Plaintiff,
v.
SGT. WARREN, et al.,
Defendants.

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No. 4:14CV485 SPM

OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon the application of Bruce Hymes
(registration no. 180179) for leave to commence this action without payment of the
required filing fee. Upon consideration of plaintiff=s financial information, the
Court will grant the motion and assess an initial partial filing fee of $21.48. See 28
U.S.C. ' 1915(a).

In addition, the Court will order the Clerk of Court to issue

process on the amended complaint relative to plaintiff's Fourteenth Amendment
claims against all six defendants in their individual capacities.
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 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 six-month period. See 28
U.S.C. ' 1915(b)(1). 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. See 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 submitted an affidavit and a certified copy of his prison account
statement for the six-month period immediately preceding the submission of his
complaint. See 28 U.S.C. ' 1915(a)(1),(2). A review of plaintiff's account
statement indicates an average monthly deposit of $107.42, and an average monthly
account balance of $.30. Plaintiff has insufficient funds to pay the entire filing fee.
Accordingly, the Court will assess an initial partial filing fee of $21.48, which is 20
percent of plaintiff's average monthly deposit.
42 U.S.C. ' 1997e(g)(2)
Pursuant to 42 U.S.C. ' 1997e(g)(2), the Court may require any defendant to
reply to a complaint brought by a prisoner pursuant to 42 U.S.C. ' 1983 or any other
federal law if it finds that the plaintiff has a reasonable opportunity to prevail on the
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merits. Moreover, 28 U.S.C. ' 1915A requires the Court to identify any cognizable
claims that would survive dismissal.
The Amended Complaint
Plaintiff, an inmate at the Eastern Reception Diagnostic and Correctional
Center, seeks monetary and declaratory relief in this 42 U.S.C. ' 1983 action against
the following employees of the St. Charles County Detention Center ("SCCDC"):
Sgt. Warren, Officer Strickland, Lt. McKee, Captain Post, Larry Crawford, and Dr.
Loynd. Plaintiff is suing defendants in their individual capacities.
Plaintiff alleges that he was detained at the SCCDC on August 4, 2011. He
states that he was married to a St. Charles City police officer, and as such, "antipathy
existed toward plaintiff from both SCCDC staff and inmates." Plaintiff further
states that the "hostility toward [him] presented a clear and present danger to [him]
of which each of the defendants was aware" and that, despite their personal
knowledge of "the immediate danger," he was left in general population. Plaintiff
alleges that he was "threatened with harm by an SCCDC corrections officer" in early
2012, but no corrective measures were taken. He further alleges that he was
involved in a fight with another inmate in March 2012, but no measures to protect
him were taken. Plaintiff states that on April 3, 2012, "hostility directed toward
him had progressed to a message threatening to [him] written on the wall in C-pod."
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Plaintiff states that he requested protective custody on April 3, 2012, but none was
given, and on April 5, 2012, he was severely assaulted by two detainees. Plaintiff
alleges that, despite their knowledge of the danger he faced, defendants refused to
provide him protective custody.
Liberally construing the amended complaint, plaintiff is claiming that each
defendant was deliberately indifferent to his need for protection and that this
indifference "allowed the assault . . . to occur and continue." Plaintiff states that he
suffered "multiple facial fractures, extensive bruising, numerous contusions, and
extreme pain from injuries requiring multiple reconstructive surgeries." In
addition, plaintiff claims that he suffered vision and hearing loss. He states that his
surgeon, Dr. Paul Burk,1 recommended to defendant Dr. Loynd "further CT
imaging and MRI scans" to determine the cause of plaintiff's hearing loss, but Loynd
"refused to refer plaintiff to a specialist for CT or MRI scans or other care for the
remainder of his detention at SCCDC." Plaintiff alleges that this deliberate
indifference to his serious medical needs resulted in permanent loss of peripheral
vision and hearing on the left side.
The Court finds that plaintiff's allegations against all six defendants in their
individual capacities state Fourteenth Amendment claims for deliberate indifference

1

Dr. Burk is not a named defendant in this action.
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in failing to protect plaintiff from a substantial risk of serious harm and in denying
him care and treatment for his serious medical needs after he was attacked. Cf.
Lenz v. Wade, 490 F.3d 991, 995 (8th Cir. 2007).
Because plaintiff was a pretrial detainee when the alleged constitutional
violations occurred, his claims should be analyzed under the Fourteenth
Amendment's Due Process Clause, rather than the Eighth Amendment. See Bell v.
Wolfish, 441 U.S. 520, 535 n. 16 (1979).2 As such, the Court will dismiss plaintiff's
Eighth Amendment claims, without prejudice, pursuant to 28 U.S.C. '
1915(e)(2)(B), and will order all defendants to reply to plaintiff's Fourteenth
Amendment claims.
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 plaintiff shall pay an initial partial filing
fee of $21.48 within thirty (30) days from the date of this Order. Plaintiff is
instructed to make his remittance payable to "Clerk, United States District Court,"
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The Court notes that, while acknowledging that it "has yet to apply a clear standard
for pretrial detainees," Vaughn v. Green County, 438 F.3d 845, 850 (8th Cir. 2006),
the Eighth Circuit Court of Appeals has "repeatedly applied the deliberate
indifference standard of Estelle to pretrial detainee claims that prison officials
unconstitutionally ignored a serious medical need or failed to protect the detainee
from a serious risk of harm." Butler v. Fletcher, 465 F.3d 340, 344 (8th Cir. 2006).
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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 plaintiff's Eighth Amendment claims are
DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause
process to be issued upon the amended complaint as to Sgt. Warren, Officer
Strickland, Lt. McKee, Captain Post, Larry Crawford, and Dr. Loynd in their
individual capacities.
IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial
filing fee within thirty (30) days, without first showing good cause, the Court will
dismiss this action without prejudice and without further notice to him.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ' 1997e(g)(2),
defendants shall file responsive pleadings directed to plaintiff=s Fourteenth
Amendment claims, as set forth in the amended complaint, within the time provided
by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that, pursuant to the Court's differentiated
case management system, this case is assigned to Track 5B (standard prisoner
actions).

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A separate Order of Partial Dismissal of Claims shall accompany this
Memorandum and Order.
Dated this 25th day of June, 2014.

_____________________________________
UNITED STATES DISTRICT JUDGE

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