United States District Court, E.D. Missouri, Eastern Division
BRENT J. JOHNS, Plaintiff,
CITY OF FLORISSANT POLICE DEPARTMENT, Defendant.
MEMORANDUM AND ORDER
G. FLEISSIG, UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of pro se
plaintiff Brent J. Johns, an inmate at the St. Louis County
Justice Center, for leave to proceed in forma
pauperis. (Docket No. 2). Having reviewed the financial
information plaintiff submitted in support, the Court
determines that he is unable to pay the full amount of the
filing fee. The motion will therefore be granted. In
addition, plaintiff will be given the opportunity to submit
an amended complaint.
U.S.C. § 1915(b)(1)
to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil
action in forma pauperis is required to pay the full amount
of the filing fee. If the prisoner has insufficient funds in
his prison account to pay the entire fee, the Court must
assess and, when funds exist, collect an initial partial
filing fee of 20 percent of the greater of (1) the average
monthly deposits in the prisoner's account, or (2) the
average monthly balance in the prisoner's account for the
prior six-month period. After payment of the initial partial
filing fee, the prisoner is required to make monthly payments
of 20 percent of the preceding month's income credited to
the prisoner's account. 28 U.S.C. § 1915(b)(2). The
agency having custody of the prisoner will forward these
monthly payments to the Clerk of Court each time the amount
in the prisoner's account exceeds $10.00, until the
filing fee is fully paid. Id.
has submitted an affidavit and an inmate account statement
showing an average monthly balance of $67.35, and an average
monthly deposit of $53.45. The Court will therefore assess an
initial partial filing fee of $13.47, twenty percent of
plaintiff's average monthly balance.
filed the instant complaint pursuant to 42 U.S.C. §
1983, alleging that his civil rights were violated when he
was tased and beaten in March of 2017, and then denied
medical care. Named as defendant is the City of Florissant
Police Department. After filing the instant complaint,
plaintiff filed four additional complaints pursuant to §
1983 that also alleged his civil rights were violated when he
was denied medical care after being tased and beaten in March
of 2017. Because plaintiff's allegations in each
complaint stemmed from essentially the same transaction or
series of transactions, the cases were consolidated.
will be given the opportunity to file an amended complaint to
set forth all of his claims against each defendant he wishes
to sue. Plaintiff is advised that claims against the City of
Florissant Police Department are legally frivolous,
Ketchum v. City of West Memphis, Ark., 974 F.2d 81,
82 (1992) (departments or subdivisions of local government
are “not juridical entities suable as such”), and
he is also advised that he is required to set forth specific
facts showing that each named defendant is personally
responsible for violating his rights. See Madewell v.
Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (liability
under § 1983 requires a causal link to, and direct
responsibility for, the alleged deprivation of rights).
Plaintiff is also advised that he may not amend his complaint
by filing supplemental documents. Instead, he is required to
file an amended complaint that includes all claims he wishes
is advised that he must submit the amended complaint on a
court-provided form, and it must comply with Rules 8 and 10
of the Federal Rules of Civil Procedure. In the
“Caption” section of the amended complaint,
plaintiff must state the first and last name, to the extent
he knows it, of each defendant he wishes to sue. Plaintiff
should also indicate whether he intends to sue the defendant
in his or her individual capacity, official capacity, or
“Statement of Claim” section, plaintiff should
begin by writing the first defendant's name. In separate,
numbered paragraphs under that name, plaintiff should set
forth the specific factual allegations supporting his claim
or claims against that defendant, as well as the
constitutional right or rights that defendant violated.
Plaintiff should only include claims that arise out of the
same transaction or occurrence, or simply put, claims that
are related to each other. See Fed. R. Civ. P.
20(a)(2). Alternatively, plaintiff may choose a single
defendant and set forth as many claims as he has against that
defendant. See Fed. R. Civ. P. 18(a).
plaintiff is suing more than one defendant, he should proceed
in the same manner with each one, separately writing each
individual defendant's name and, under that name, in
numbered paragraphs, the factual allegations specific to that
particular defendant and the right(s) that defendant
violated. Plaintiff's failure to make specific
and actionable allegations against any defendant will result
in that defendant's dismissal from this case.
IT IS HEREBY ORDERED that plaintiff's
motion to proceed in forma pauperis (Docket No. 2)
IS FURTHER ORDERED that, within twenty-one (21) days
of the date of this Memorandum and Order, plaintiff must pay
an initial filing fee of $13.47. 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 number; (3) the case number; and
(4) the statement that the remittance is for an original
IS FURTHER ORDERED that, within twenty-one (21) days
of the date of this Memorandum and Order, plaintiff shall
submit an amended complaint in ...