United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
A. ROSS, 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
plaintiffs financial information, the Court assesses a
partial initial filing fee of $15, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
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, 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.
reviewing a complaint under 28 U.S.C. § 1915(e), the
Court accepts the well-pled facts as true. Furthermore, the
Court liberally construes the allegations.
brings this action against the Cape Girardeau County Jail
(the "Jail"), Unknown Mulcahy, Unknown Stevens,
Unknown Crites, Christian Phelps, and Community Counseling of
Cape Girardeau ("Community Counseling").
was booked into the Jail on February 2, 2016. He says that he
discussed his need for psychiatric medications with his
attorney. However, he did not have a current prescription or
a doctor. On March 17, 2016, he sent a request to defendant
Mulcahy to be seen by a psychiatrist or psychologist. A few
weeks later, an employee with Community Counseling visited
and took his history. That person told him he would be seen
by a doctor within a few weeks. As of the date he filed the
complaint, he had not been seen by a doctor from Community
28, 2016, plaintiff met with defendant Phelps, who is a
mental health specialist with the Jail. She told plaintiff
she would ask Mulcahy to look into when he would be seen by a
doctor. Plaintiff did not hear back from Mulcahy. He says he
is "in extreme mental stress . . .". He claims that
dealing with the stress made it difficult to decide whether
or not to plead guilty in his criminal case. However, he pled
guilty to second-degree burglary five days after he mailed
his complaint to the Court. Missouri v. Mercer, No.
16CG-CR00071-01 (Cape Girardeau).
requested Ramadan meals in June 2016. Defendant Stevens
denied his request because he is not Muslim. He admits to
being Christian. Plaintiff claims defendants Stevens and
Crites violated his rights when they searched his cell for
signs of his religion. Plaintiff did not profess to be Muslim
or request to change his official religion.
claim against the Jail is legally frivolous because it cannot
be sued under § 1983. Ketchum v. City of West
Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 1992).
state a claim for medical mistreatment, plaintiff must plead
facts sufficient to indicate a deliberate indifference to
serious medical needs. Estelle v. Gamble, 429 U.S.
97, 106 (1976); Camberos v. Branstad, 73 F.3d 174,
175 (8th Cir. 1995). Allegations of mere negligence in giving
or failing to supply medical treatment will not suffice.
Estelle, 429 U.S. at 106. In order to show
deliberate indifference, plaintiff must allege that he
suffered objectively serious medical needs and that
defendants actually knew of but deliberately disregarded
those needs. Dulany v. Carnahan, 132 F.3d 1234, 1239
(8th Cir. 1997). The allegations do not show that either
Mulcahy or Phelps deliberately disregarded his psychiatric
needs. They show that Mulcahy processed his request and he
was visited by Community Counseling. And Phelps told him she
would ask Mulcahy to look into the situation. As a result,
these allegations fail to state a claim upon which relief can
Community Counseling is a proper defendant in this suit, the
Court finds that plaintiffs allegations against it fail
because he has not alleged that a policy or custom of
defendant led to his injuries. See ...