Hackman v. St. Louis City Police Department et al

Filing 11

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 9 ] is GRANTED. 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 fo r an original proceeding. 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 3/20/2015.) Signed by District Judge Ronnie L. White on 2/18/2015. (NEB)

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JOSHUA HACKMAN,

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Plaintiff,

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V.

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No. 4:14CV2048 RLW

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ST. LOUIS CITY POLICE DEPARTMENT,
et al. ,

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Defendants.

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MEMORANDUM AND ORDER

Plaintiff, a pnsoner at the Eastern Reception Diagnostic and Correctional Center
(ERDCC), has filed a civil rights complaint under 42 U.S.C. § 1983 and moves for leave to
proceed in forma pauperis. The Court grants the motion for leave to proceed in forma pauperis
and dismisses this action as legally frivolous.
In Forma Pauperis

Normally, a prisoner is required to submit a prison trust account statement so that the
Court can calculate an initial partial filing fee based on plaintiffs financial information.
However, plaintiff asserts that he cannot get an account statemeQ.t from ERDCC. Therefore, the
Court assesses 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 .").
Standard

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 "lacks 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
"enough 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 under 42 U.S.C. § 1983 for alleged unreasonable search and
seizure in violation of the Fourth and Fourteenth Amendments. Defendants are the St. Louis
City Police Department; Nathan Dresch, a police officer; and John Baumgatner; also a police
officer.
In his amended complaint, plaintiff alleges the following facts: On July 12, 2012, he was
walking along the sidewalk when defendant Baumgatner drove up beside him in a patrol car and
asked to speak with him. Plaintiff said he did not want to and turned down an alley. Plaintiff
saw Baumgatner reach for his weapon, and plaintiff started running away. Plaintiff turned right
at a doorway and hit a dead end. He then told the officers he was coming out and reentered the
alley with his hands raised. Dresch then shot plaintiff several times. Plaintiff says he had an
iPhone in his hand that Dresch mistook for a gun. Plaintiff alleges that Baumgatner and Dresch
then conspired to plant a gun on him and arrested him for unlawful possession of a firearm.
Plaintiff has suffered physical and emotional damage as a result of the shooting.

Discussion
Missouri ' s court records show that, as a result of the July 12, 2012, incident, he was
charged with unlawful possession of a firearm and that he pied guilty to the charge on October

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27, 2014.

Missouri v. Hackman, No. 1222-CR03934-01 (City of St. Louis) (accessed on

Case.net). The state court sentenced him to eight years' imprisonment. Id. Plaintiff has filed a
pro se motion under Missouri Supreme Court Rule 24.035.

Hackman v. Missouri, 1522-

CC00026 (City of St. Louis) (accessed on Case.net). Counsel has been appointed but has not yet
filed an amended motion. Id.
A prisoner may not recover damages in a § 1983 suit where the judgment would
necessarily imply the invalidity of his conviction, continued imprisonment, or sentence unless
the conviction or sentence is reversed, expunged, or called into question by issuance of a writ of
habeas corpus. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994); Schafer v. Moore, 46 F.3d 43 ,
45 (8th Cir. 1995). Plaintiffs claim that defendants planted the gun on him would necessarily
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imply the invalidity of his conviction, for he was convicted of unlawful possession of a firearm .
See Moore v. Sims, 200 .F .3d 1170, 1172 (8th Cir. 2000). Therefore, the complaint is frivolous.
Additionally, plaintiffs claim against the City of St. Louis is frivolous because he has not
alleged that a policy or custom of the City caused his injuries. See Monell v. Dep't of Social
Services, 436 U.S. 658, 690-91 (1978).
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF

No. 9] is GRANTED.
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.

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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 / %'1ay off ebruary, 2015.

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RONNIE L. WHITE
UNITED STATES DISTRlCT JUDGE

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