United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CHARLES A. SHAW 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 $42.80, which is twenty percent
of his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, several of the defendants will 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.
January 10, 2012, plaintiff strangled his son to death.
Missouri v. King, 453 S.W.3d 363, 367 (Mo.Ct.App.
2015). The following day, he set fire to his mobile home to
conceal the murder. Id. On May 2, 2013, a jury
convicted him of first-degree murder, second-degree arson,
and child abuse. Missouri v. King, No. 12BU-CR01087
(5th Judicial Cir.). On July 12, 2013, the court sentenced
him to life without the possibility of parole for the murder
and two fifteen-year prison sentences for the abuse and arson
counts, all to be served consecutively. Id. The
Missouri Court of Appeals affirmed. King, 453 S.W.3d
11, 2013, while he was awaiting trial on the charges of
killing his son, he killed his cellmate. Cmpl.'s at 14.
On September 26, 2013, he pled guilty to second-degree
murder. Missouri v. King, No. 13BU-CR01387-01 (5th
Judicial Cir.). On October 31, 2013, the court sentenced him
to twenty years' imprisonment, to be served consecutive
to the previous sentence.
he was delivered to the Missouri Department of Corrections
(“MoDOC”), he was eventually transferred to the
Eastern Reception Diagnostic and Correctional Center
(“ERDCC”). When he first arrived, he was placed
in the general population. During his time in the general
population, he did not receive any conduct violations.
he was convicted of killing his son, officials at ERDCC
placed him in administrative segregation. He was given
several confusing answers with regard to his placement, until
he was told that the placement was due to the fact that he
killed his cellmate in the county jail.
protested. He told defendants that they could not place him
in administrative segregation for a murder he committed
before his entry into a MoDOC facility.
Dave Dormire, the Director of Adult Institutions, and Terry
Russell, the former Warden of ERDCC, were responsible for his
long-term placement in administrative segregation, which
ultimately lasted 923 days. The other defendants involved in
the placement either carried out Dormire's and
Russell's orders or denied his grievances on the subject.
confined in administrative segregation, plaintiff was not
allowed to attend religious services or have contact visits,
and he was only allowed one fifteen-minute phone call per
Dale Phillips refused to provide plaintiff with adequate
hygiene items while he was in administrative segregation,
which resulted in his skin cracking and bleeding. Plaintiff
asked defendant Terry Taylor, who is a nurse, for something
to treat his skin. Taylor refused. After he complained,
defendant Todd Renshaw ordered Taylor to provide him with
skin ointment. ...