Harris v. Slay et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 10] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 5/20/2016. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
FRANCIS G. SLAY, et al.,
No. 4:16-CV-499 SNLJ
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action under 42 U.S.C.
§ 1983. The motion is granted. Additionally, this action is dismissed.
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief under § 1983, a complaint must plead more than “legal conclusions”
and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A plaintiff must
demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. at 678.
Plaintiff was a pretrial detainee at the St. Louis City Justice Center (Justice Center) at all
times relevant to the complaint. He alleges he was denied medical care for a toothache for five
months. He names as defendants Francis Slay, Mayor of St. Louis; Dell Glass, St. Louis
Corrections Commissioner; Jeffery Carson, St. Louis City Justice Center Superintendent; and
Corizon Health, Inc. Plaintiff seeks to hold defendants liable because they hired or supervised
the persons operating the Justice Center.
“Liability 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 Ashcroft
v. Iqbal, 556 U.S. 662, 676 (2009) (“Because vicarious liability is inapplicable to Bivens and §
1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s
own individual actions, has violated the Constitution.”); Camberos v. Branstad, 73 F.3d 174, 176
(8th Cir. 1995) (“a general responsibility for supervising the operations of a prison is insufficient
to establish the personal involvement required to support liability.”). None of the defendants in
this case were directly responsible for plaintiff’s medical care. As a result, the complaint is
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 10] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 20th day of May, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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