United States District Court, E.D. Missouri, Eastern Division
STEVEN T. KEEL, Plaintiff,
DANNY CLAYBORNE, JR., et al., Defendants.
MEMORANDUM AND ORDER
A. ROSS DISTRICT JUDGE.
seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983. The motion is granted.
Additionally, upon review, this action is dismissed under 28
U.S.C. § 1915(e).
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.
a civil detainee at Fulton State Hospital, brings this action
against Danny Clayborne, Jr., Detective, St. Louis County;
Unknown Jones, Police Officer, St. Louis County; the St.
Louis County Jail; Unknown John and Jane Does Jail Staff at
St. Louis County Jail; Patrick Brayer, Assistant Public
Defender; and Fulton State Hospital.
alleges that while he was in the St. Louis County Jail, he
was threatened by John and Jane Doe correctional officers and
was not allowed to file grievances. He also alleges his cell
did not have water and he was punished for trying to get
drinking water from other inmates.
claims he met a woman, Ms. Saddler, at a nightclub. He says
her real name is Ms. Jones and that defendant Jones is her
father. He asserts that defendant Clayborne told him he raped
Ms. Jones and he was going to frame plaintiff for the crime.
He alleges that Clayborne and Ms. Jones were involved with a
child kidnapping. He claims Ms. Jones would take him to
nightclubs and Clayborne would be there. He says, "[Ms.]
Saddler is the victim. She need [sic] you to help her please.
Can you help her please, [sic] I am begging you to help her
please." He repeatedly requests that the Court help Ms.
Saddler throughout the complaint. He says she "is being
used to set up men."
state required plaintiff to undergo a mental examination
during his criminal proceedings. A forensic examiner found
that plaintiff was mentally incompetent to stand trial, and
he was transferred to Fulton State Hospital for psychiatric
care. He says the diagnosis is false and that he has no
history of mental illness.
alleges defendant Brayer did not do any investigation in his
criminal case, coerced him into pleading guilty, and did not
object to the forensic examiner's findings.
request for relief, plaintiff asks the Court to help Ms.
Saddler because she is being used. He says he is not
requesting relief on his own behalf.
Court is not a law enforcement or investigative institution.
It cannot, therefore, grant plaintiffs requested relief, and
the complaint must be dismissed. Moreover, even if plaintiff
had requested relief on his own behalf, the Court would still
dismiss the complaint.
action is frivolous if "it lacks an arguable basis in
either law or in fact." Neitzke v. Williams,490 U.S. 319, 328 (1989). An action is factually frivolous if
the facts alleged are "clearly baseless"; alleged
facts are clearly baseless if they are "fanciful, "
"delusional, " or "fantastic." Denton
v. Hernandez,504 U.S. 25, 32-33 (1992). Plaintiffs
allegations regarding Clayborne and Jones appear to have no
basis in ...