Davis v. Phelps County Jail et al

Filing 7

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $6.60 within thirty (30) days of the date of th is 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 pro ceeding. IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B).An Order of Dismissal will accompany this Memorandum and Order. Response to Court due by 1/8/2015.. Signed by District Judge Jean C. Hamilton on 12/8/14. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
D’ANGELO ARNELL DAVIS,
Plaintiff,
v.
PHELPS COUNTY JAIL, et al.,
Defendants.

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No. 4:14CV1961 SPM

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff, an inmate at Phelps County
Jail, for leave to commence this action without payment of the required filing fee. For the
reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire
filing fee and will assess an initial partial filing fee of $6.60. See 28 U.S.C. § 1915(b)(1).
Furthermore, based upon a review of the complaint, the Court finds that the complaint should be
dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).
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 submitted an affidavit and a certified copy of his prison account statement
for the six-month period immediately preceding the submission of his complaint. A review of
plaintiff's account indicates an average monthly deposit of $33.00, and an average monthly
balance of $.36. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the
Court will assess an initial partial filing fee of $6.60, which is 20 percent of plaintiff's average
monthly deposit.
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 brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his civil
rights. Named as defendants are: the Phelps County Jail; the Phelps County Jail Medical
Department; the Phelps County Jail Correctional Officers; and the Phelps County Jail Medical
Staff.

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In his claim for monetary damages, plaintiff asserts that he is a federal prisoner currently
being held at the Phelps County Jail. He claims that he asked for “mental health treatment” at
the Jail, but that he was not provided such treatment. Plaintiff also asserts that he has requested
medication for high blood pressure and high cholesterol, but he has not been given treatment for
those requests. Plaintiff does not name the particular correctional officers that he made such
requests to.
Discussion
Plaintiff=s claim against the Phelps County Jail and the Medical Department at the Jail are
legally frivolous because the Jail and its subdivisions are not suable entities. See Ketchum v. City
of West Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 1992) (departments or subdivisions of local
government are “not juridical entities suable as such.”).
Additionally, plaintiff’s failure to specifically identified which correctional and/or
medical officers he made his requests to, as well as their responses, is fatal to his generalized
claims against the Jail’s “Correctional Officers” and “Medical Staff.” ALiability 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 also Martin v. Sargent, 780 F.2d
1334, 1338 (8th Cir. 1985) (claim not cognizable under ' 1983 where plaintiff fails to allege
defendant was personally involved in or directly responsible for incidents that injured plaintiff);
Boyd v. Knox, 47 F.3d 966, 968 (8th Cir. 1995) (respondeat superior theory inapplicable in '
1983 suits). In the instant action, plaintiff has not set forth any facts indicating that any of the
named defendants were directly involved in or personally responsible for the alleged violations
of his constitutional rights. As a result, the complaint fails to state a claim with respect to the
“Medical Staff” and “Correctional Officers.”

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Even if plaintiff had articulated which specific individual defendants he wished to bring
his claims against, the claims would still be subject to dismissal, as plaintiff has not indicated the
capacity under which he is attempting to sue defendants. 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 – in this case, Phelps County. 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 Phelps County was responsible for the alleged violations of plaintiff’s constitutional
rights. As a result, the complaint fails to state a claim upon which relief can be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc.
#2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $6.60
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.

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IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C.
§ 1915(e)(2)(B).
An Order of Dismissal will accompany this Memorandum and Order.
Dated this 8th day of December, 2014.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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