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Trump v. Morgan

United States District Court, E.D. Missouri, Northern Division

October 25, 2017

RACHEL HILLARY TRUMP, Plaintiff,
v.
BILL MORGAN, et al., Defendants.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON, UNITED STATES DISTRICT JUDGE.

         This matter is before the Court upon the request[1] of plaintiff Rachel Hillary Trump (registration no. 357387), an inmate at Women's Eastern Reception Diagnostic Correctional Center (“WERDCC”), 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 $1.00. 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.

         28 U.S.C. § 1915(b)(1)

         Pursuant 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.

         Plaintiff has submitted a letter stating that she has been unable to obtain a prison account statement. As a result, the Court will require plaintiff to pay an initial partial filing fee of $1.00. See Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997) (when a prisoner is unable to provide the Court with a certified copy of her prison account statement, the Court should assess an amount “that is reasonable, based on whatever information the court has about the prisoner's finances.”). If plaintiff is unable to pay the initial partial filing fee, she must submit a copy of her prison account statement in support of her claim.

         28 U.S.C. § 1915(e)

         Pursuant 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).

         The Complaint

         Plaintiff brings this action pursuant to 42 U.S.C. § 1983 alleging violations of her civil rights. Plaintiff names two individuals as defendants in this action: Bill Morgan, Functional Unit Manager and Cynthia Johnson, Mental Health Counselor for Gateway at WERDCC. Plaintiff brings her claims against defendants in both their official and individual capacities.

         Plaintiff states that she was denied “assistance” and “proper mental health treatment” by the Missouri Department of Corrections and Gateway when she was in a Long Term Treatment Program run through the Missouri Department of Corrections and Gateway Foundation, Inc. Plaintiff states that when she first asked to be moved away from another inmate whom she refers to as a “sexual predator, ” she was told no by Bill Morgan. She claims that after she had a “mental breakdown” due to the “constant harassment, ” “mental health” intervened and the other offender was finally moved away from plaintiff.

         However, plaintiff claims that knowing about plaintiff's complaints against the offender, Counselor Cynthia Johnson used the offender to harass plaintiff in front of other offenders by purposefully instigate personal encounters with plaintiff in front of other offenders and intentionally allowing the offender to belittle, sexually harass and berate plaintiff.

         Plaintiff claims she “demanded help” by asking to report Johnson's behavior by filing an IRR, but Bill Morgan refused to allow her to file the IRR, and when he finally allowed her to fill out the IRR, he gave her a false conduct disorder. Plaintiff states that she was thereafter kicked out of the treatment program for receiving her third conduct disorder.

         In her request for relief, plaintiff asks that the Court “prove she was violated and treated unfairly under the PREA Act.” Plaintiff also states that she is still in prison because she ...


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