United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. Hamilton UNITED STATES DISTRICT JUDGE.
a prisoner, seeks leave to proceed in forma pauperis in this
civil action under 42 U.S.C. § 1983. Having reviewed
plaintiff’s financial information, the Court assesses a
partial initial filing fee of $2.00, which is twenty percent
of his average monthly balance. See 28 U.S.C. §
1915(b). Additionally, this action is dismissed.
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. Determining
whether a complaint states a plausible claim for relief [is]
a context-specific task that requires the reviewing court to
draw on its judicial experience and common sense.
Id. at 679.
complaint may be dismissed as malicious where it “was
not [meant] to rectify any cognizable harm, but only to
harass and disparage” the defendants. Tapia-Ortiz
v. Winter, 185 F.3d 8, 11 (2d Cir.1999) (dismissing
complaint against judges and federal prosecutor who obtained
conviction against the plaintiff as frivolous and malicious).
When determining that an action or allegation is malicious,
the Court refers to objective factors such as the
circumstances and history surrounding the filing, the tone of
the allegations, and whether probative facts vital to the
life of the lawsuit have been alleged.
was incarcerated at the Eastern Reception Diagnostic and
Correctional Center in July 2014. Defendants are officials
there. For the purposes of this Order, the Court accepts the
factual allegations as true.
7, 2014, plaintiff was housed in administrative segregation.
Defendant Jarrett Davis served the inmates in administrative
segregation their evening meal. Normally, the inmates are
allowed fifteen minutes to eat their meals, but on that
night, Davis began to collect the meals shortly after serving
them. Plaintiff complained to Davis, and Davis threatened to
place him on an alternative meal, which is meal loaf.
loudly demanded to see a supervisor. When Davis did not
respond, plaintiff pressed his emergency call button several
times. Shortly thereafter, plaintiff covered the window of
his cell and again demanded to see a supervisor. Davis
replied, “Don’t hold your breath.”
told Davis, “I’m taking my cellie hostage, now go
get a [supervisor]!” Davis called defendant Michael
Hubbart, who was another correctional officer, over to
plaintiff’s cell. Upon hearing that, plaintiff placed
his mattress in front of the food port. Davis and Hubbart
then began spraying pepper spray into the cell. After being
sprayed, plaintiff then physically struggled with defendants,
rather than complying with their orders.
Carrie Sederstrom, a sergeant, arrived. Plaintiff was
handcuffed, and his cellmate was removed from the cell. Soon
afterwards, defendant Victoria Dill, a nurse, arrived and
assessed plaintiff’s injuries. Plaintiff was returned
to his cell, where he rinsed some of the pepper spray off in
minutes later, defendant Timothy Pickett, a lieutenant, told
plaintiff that a nurse would be coming by to draw
plaintiff’s blood. Plaintiff complained and demanded to
see the Warden.
then barricaded himself in his cell. He says a
“standoff” then ensued for “several
hours.” When plaintiff attempted to see what was
happening outside of his cell, a team of correctional
officers in riot gear breached the cell door. He says an
unidentified officer took “cheap shots” at him
and that another unidentified officer slammed his ankle on
the floor several times. When his arms and legs were secured,
a nurse drew his blood. The officers then removed the
restraints and left the cell. Another nurse examined
plaintiff after the confrontation.
approximately midnight, Davis gave plaintiff a conduct
violation for causing serious injury to another. Davis said