United States District Court, E.D. Missouri, Southeastern Division
GEORGE E. BROWN, Plaintiff,
WILLIAM C. SIBERT, et al., Defendants.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. 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 $18, which is twenty percent of
his average monthly balance. See 28 U.S.C. §
1915(b). Additionally, the complaint is partially 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, 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 several unrelated causes of action against defendants.
Defendants are Chris Rataj, Detective; William Sibert, Deputy
United States Marshal; Ned Boyd, Deputy United States
Marshal; A. Johnson, Jail Administrator; N. Ems, Deputy
Sheriff; and Patty Karol, Correctional Officer.
alleges that defendant Rataj tased him during his arrest. He
fell down, immobilized. Rataj tased him a second time while
he was immobile. Plaintiff argues that the second shock
constituted excessive force.
says that defendants Sibert and Boyd transferred him to the
Ste. Genevieve County Jail after a court appearance. He told
the officials at the Jail he had sleep apnea and atrial
fibrillation, but he says they did not treat his conditions.
These defendants later transferred him to the Cape Girardeau
County Jail. He says his conditions went untreated there as
alleges that defendant Ems, who works at the Ste. Genevieve
County Jail, gave him a conduct violation for not wearing his
wrist band. He filed grievances about the violation. He says
that Ems retaliated against him by transferring him to a
different housing unit and assigning him to a top bunk.
Plaintiff believes that the top bunk is dangerous, but he has
not alleged he suffered any injury. Defendant Karol denied
dispensed the antibiotic Bactrim to plaintiff. Plaintiff says
defendant Ems should have known he would have a bad reaction
to it. However, plaintiff took the drug. He had itching,
swollen lips, chills, and pain as a result. He has not
alleged that he made Ems or any other party aware of the
possibility of a bad reaction to the drug.
“motion requesting the Court to move case along on
docket, ” he says he is suing defendants in both their
individual and official capacities.
claims against the defendants are unrelated. Federal Rule of
Civil Procedure 20(a)(2) provides: “Persons . . . may
be joined in one action as defendants if: (A) any right to
relief is asserted against them jointly, severally, or in the
alternative with respect to or arising out of the same
transaction, occurrence, or series of transactions or
occurrences; and (B) any question of law or fact common to
all defendants will arise in the action.” In other
words, “Claim A against Defendant 1 should not be
joined with unrelated Claim B against Defendant 2.”
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
In this instance, plaintiff's claim against Rataj is not
related to his claims against any of the other defendants. As