Whitfield v. Brooks et al

Filing 4

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 plaintiff shall pay an initial filing fee of $3.16 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to AClerk, 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 proce eding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B).A separate Order of Dismissal shall accompany this Memorandum and Order. 2 Signed by District Judge Jean C. Hamilton on 9/11/15. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRENDT M. WHITFIELD,

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Plaintiff,
v.
RYAN P. BROOKS, et al.,
Defendants.

No. 4:15-CV-1386-SPM

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s motion for leave to
proceed in forma pauperis [Doc. #2]. The motion will be granted and plaintiff will
be assessed an initial partial filing fee of $3.16. After reviewing the complaint, and
for the reasons set forth below, the Court finds that this action 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 six-month

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 $15.83.

Plaintiff has insufficient funds to pay the entire filing fee.

Accordingly, the Court will assess an initial partial filing fee of $3.16, 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 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 Ait 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 Aenough
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facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (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).
The Complaint
Plaintiff, an inmate at the Potosi Correctional Center (“PCC”), brings this 42
U.S.C. ' 1983 action for alleged constitutional violations against defendants “Potosi
Correctional Center Administration” and PCC correctional officers Ryan P. Brooks,
Britany Cuffman, and John T. Schneedle.

Plaintiff alleges that defendants

attempted to handcuff him on February 11, 2015. Plaintiff states that he “backed
away twice,” and then Brooks assaulted him, and Schneedle wrote a false conduct
violation. Plaintiff states that he was stripped and placed in a cell that had ice on the
walls.
Discussion
Having carefully reviewed the complaint, the Court concludes that dismissal
is warranted under 28 U.S.C. ' 1915(e)(2)(B). Plaintiff=s claims against defendant
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Potosi Correctional Center Administration are barred by the Eleventh Amendment.
See Alabama v. Pugh, 438 U.S. 781, 782 (1978). Moreover, a suit against PCC is,
in effect, a suit against the State of Missouri; however, the State of Missouri is not a
Aperson@ for purposes of a ' 1983 action and is absolutely immune from liability
under ' 1983. See Will Michigan Dept. of State Police, 491 U.S. 58, 63 (1989).
Furthermore, the Court notes that plaintiff is bringing this action against the
three PCC correctional officers in their official capacities. See Egerdahl v. Hibbing
Community College, 72 F.3d 615, 619 (8th Cir. 1995) (where a complaint is silent
about defendant=s capacity, Court must interpret the complaint as including
official-capacity claims); 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 the State of
Missouri. See Will, 491 U.S. at 71. A[N]either a State nor its officials acting in
their official capacity are >persons= under ' 1983.@ Id. As a result, the complaint is
legally frivolous and fails to state a claim upon which relief can be granted as to the
three defendant correctional officers.
For the above-stated reasons, the Court will dismiss this action under 28
U.S.C. ' 1915(e)(2)(B).

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Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of
$3.16 within thirty (30) days of the date of this Order. Plaintiff is instructed to
make his remittance payable to AClerk, 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.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue, because the complaint is legally frivolous and fails to state a claim
upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B).
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 11th day of September, 2015.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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