United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff Jared
Martel Williams (registration no. 1178282), an inmate at
Jefferson City Correctional Center (“JCCC”), for
leave to commence this action without payment of the required
filing fee. For the reasons stated below, the Court finds
that the plaintiff does not have sufficient funds to pay the
entire filing fee and will assess an initial partial filing
fee of $23.25. See 28 U.S.C. § 1915(b)(1).
Furthermore, after reviewing the complaint, the Court will
partially dismiss the complaint and will order the Clerk to
issue process or cause process to be issued on the
non-frivolous portions of the 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 or her 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, until the filing
fee is fully paid. Id.
has submitted an affidavit and a certified copy of his prison
account statement for the six-month period immediately
preceding the submission of his complaint. A review of
plaintiff's account indicates an average monthly deposit
of $116.25, and an average monthly balance of $23.56.
Plaintiff has insufficient funds to pay the entire filing
fee. Accordingly, the Court will assess an initial partial
filing fee of $23.25, which is 20 percent of plaintiff's
average monthly deposit.
U.S.C. § 1915(e)
to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a
complaint filed in forma pauperis if the action is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief. An action is frivolous if it
“lacks an arguable basis in either law or fact.”
Neitzke v. Williams, 490 U.S. 319, 328 (1989);
Denton v. Hernandez, 504 U.S. 25, 31 (1992). An
action is malicious if it is undertaken for the purpose of
harassing the named defendants and not for the purpose of
vindicating a cognizable right. Spencer v. Rhodes,
656 F.Supp. 458, 461-63 (E.D. N.C. 1987), aff=d 826
F.2d 1059 (4th Cir. 1987). A complaint fails to state a claim
if it does not plead “enough facts to state a claim to
relief that is plausible on its face.” Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
brings this action pursuant to 42 U.S.C. § 1983 alleging
violations of his civil rights. Named as defendants are:
Unknown Mitchell (Major); Shawn Robinson (Correctional
Officer); Sonya White (Lieutenant); Unknown Sturdivant
(Correctional Officer); Unknown Love (Lieutenant); Unknown
House (Correctional Officer); Unknown Gayden (Correctional
Officer); Toriano Tate (Correctional Officer); Tiffany Smith
(Correctional Officer); Unknown Shields (Correctional
Officer); Unknown Goodwin (Correctional Officer); Unknown
Miller (Correctional Officer). Plaintiff names defendants in
both their individual and official capacities.
alleges that in July of 2012 he was incarcerated at the St.
Louis City Justice Center. He claims that on July 28, 2012, he was
being escorted to the medical bay with another inmate to see
the doctor. He asserts that while they were waiting to see
the doctor, still “cuffed up, ” another inmate
came out from seeing the doctor and knocked out the
correctional officer who was watching over the medical bay.
Plaintiff states that he was told by one of the defendants to
go into the “Bullpen” to wait while defendants
tended to the knocked out correctional officer, so plaintiff
walked into the “Bullpen” with his handcuffs
claims that defendants “kept looking at [him] like he
was the one who [knocked out the correctional
officer.]” Plaintiff claims that after leaving him in
the Bullpen for about thirty (30) minutes, they opened the
Bullpen and “grabbed him aggressively, ” and took
him to the elevators and started banging his head on the
elevator wall and punching him and banging his head against
the concrete wall.
states that he was badly beaten by the identified defendants.
He claims that defendant Love hit him in the head with her
walkie-talkie, and split his left ear. He asserts that
Lieutenant Sonya White also hit him with her walkie-talkie,
smacking him in the chest. He alleges that defendants
Robinson, Miller, Sturdivant, Goodwin and Gayden punched and
kicked him multiple times. Plaintiff also claims that
defendant Toriano Tate banged his head in the wall, finally
causing him to pass out from a concussion. Plaintiff asserts
that defendants Tiffany Smith and Unknown Shields did not
engage in excessive force against him, but that they did not
stop the other officers from beating him up.
alleges that he was taken to SLU hospital after he was beaten
up and diagnosed with a concussion and had to have his left
ear stitched back together. He claims that eight (8) days
later he began having seizures as a result of his head
injuries from the beating. Plaintiff alleges that he
currently still suffers from seizures and migraines as a
result of the damages he incurred from defendants. He asserts
that in order to cover for their behavior, defendants wrote
him up for a frivolous conduct violation report, however, he
was never charged with an assault on a correctional officer.
He claims that his sister was told by defendant Major
Mitchell that on the date of the supposed ...