United States District Court, E.D. Missouri, Eastern Division
REGINALD T. LUCKETT, Plaintiff,
JEFFERSON COUNTY JAIL, et al., Defendants.
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY 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 $4, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will order the Clerk to
issue process on defendant Unknown Adams.
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 Jefferson County Jail, Officer
Unknown Adams, and Unknown Nursing Staff. Plaintiff was
transferred to the Jail on October 11, 2016. He has high
blood pressure and is fitted with a colostomy bag. Upon
arrival at the Jail, he asked Adams to see a nurse. Adams
said he would see someone later that night. However,
plaintiff was not given any medical treatment during the four
days he was at the Jail.
asked Adams if he could dress and go to the housing unit
where all the other inmates were. Adams told him that he
could not because he was black and all the other inmates were
white. Adams made plaintiff stay in the booking area. For
this reason, plaintiff was unable to shower for four days,
and he had to sleep on the floor. His colostomy bag leaked,
but the staff did not help him or provide him with materials
to clean it.
complaint states a plausible claim for relief against Adams.
So, the Court will direct the Clerk to serve process on him.
claim against the Jail is legally frivolous because it cannot
be sued. Ketchum v. City of West Memphis, Ark., 974
F.2d 81, 82 (8th Cir. 1992) (departments or subdivisions of
local government are “not juridical entities suable as
general, fictitious parties may not be named as defendants in
a civil action. Phelps v. United States, 15 F.3d
735, 739 (8th Cir. 1994). An action may proceed against a
party whose name is unknown, however, if the complaint makes
sufficiently specific allegations to permit the identity of
the party to be ascertained after reasonable discovery.
Munz v. Parr, 758 F.2d 1254, 1257 (8th Cir. 1985).
In this case, it does not appear that plaintiff has made
sufficiently clear allegations against the nursing staff to
identify them during discovery. As a result, the Court will
dismiss these John/Jane Doe defendants without prejudice.
However, if plaintiff does learn their identities during
discovery, he may file a motion for leave to amend his
complaint re-alleging his claims against them.
IT IS HEREBY ORDERED that plaintiff's motion to proceed
in forma pauperis [ECF No. 2] is GRANTED.
FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $4 within twenty-one (21) days of the date of this
Order. Plaintiff is instructed to make his remittance payable
to “Clerk, United States District Court, ” and to
include upon it: (1) his name; (2) his prison registration