United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CATHERINE D. PERRY 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 $10.22. Additionally, plaintiff will
be required to amend his complaint because as currently
written, it fails to state a claim upon which relief may be
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.
an inmate at St, Francois County Jail, brings this action
pursuant to 42 U.S.C. § 1983 alleging violations of his
civil rights. Named as defendants are: the St. Francois
County Jail, as well as two nurses at the jail, Tracy
Francois and Heather Unknown.
claims that during his incarceration in the St. Francois
County Jail he has suffered from a cyst, or boil, on both his
left buttock as well as on his chest area. Plaintiff
complains that he has sought medical treatment for both areas
of pain and that although he has been given some treatment by
defendants, these boil areas still remain painful and oozing
blood and pus. Plaintiff believes that the areas need to be
surgically drained, but he claims that defendants have not
offered any surgical services to him. Plaintiff believes that
defendants have not done enough to provide the right medical
care and services for him.
has also alleged that the Jail lacks proper legal services.
seeks medical relief, as well as compensatory and punitive
extent that plaintiff is attempting to assert an
access-to-the-courts claim pursuant to the First Amendment,
the complaint is legally frivolous. Plaintiff does not claim
that he has suffered "actual prejudice with respect to
contemplated or existing litigation, ” which is a
requirement of an access to courts claim. See Lewis v.
Casey, 518 U.S. 343, 348 (1996); Myers v.
Hundley, 101 F.3d 542, 544 (8th Cir. 1996).
plaintiff's complaint does not state whether the
individual nurse defendants are being sued in their official
or individual capacities. Where a “complaint is silent
about the capacity in which [plaintiff] is suing defendant,
[a district court must] interpret the complaint as including
only official-capacity claims.” Egerdahl v. Hibbing
Community College, 72 F.3d 615, 619 (8th Cir. 1995);
Nix v. Norman, 879 F.2d 429, 431 (8th Cir. 1989).
Naming a government official in his or her official capacity
is the equivalent of naming the government entity that
employs the official, in this case St. Francois County.
state a claim against a municipality or a government official
in his or her official capacity, plaintiff must allege that a
policy or custom of the government entity is responsible for
the alleged constitutional violation. Monell v. Dep't
of Social Services, 436 U.S. 658, 690-91 (1978). The
instant complaint does not contain any allegations that a
policy or custom of St. Francois County was responsible for
the alleged violations of plaintiff's constitutional
rights. As a result, ...