United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE
seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983. Having reviewed plaintiffs
financial information, the Court assesses a partial initial
filing fee of $13.30, which is twenty percent of his average
monthly deposits. See 28 U.S.C. § 1915(b).
Furthermore, based upon a review of the complaint, the Court
will dismiss this action without prejudice.
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.
a former prisoner at Eastern Regional Diagnostic Correctional
Center ("ERDCC"), brings this action against
defendant Christopher Miller, a Corrections Officer, alleging
that defendant was hostile and used profanity toward
plaintiff. Plaintiff states that he switched housing units,
and asked defendant about his laundry from his prior housing
unit. Plaintiff alleges defendant "said with a very loud
tone of voice, 'I ain't giving you shit, now go to
your room and lock down!'" Plaintiff states this
hostility has caused him to be cautious of every corrections
officer, has caused emotional disturbance, fear of other
officers, and has increased his stress levels so much that he
cannot get the proper rest. For relief, plaintiff seeks $15,
Prison Litigation Reform Act provides, "No Federal civil
action may be brought by a prisoner confined in a jail,
prison, or other correctional facility, for mental or
emotional injury suffered while in custody without a prior
showing of physical injury or the commission of a sexual
act." 42 U.S.C. § 1997e(e). The Eighth Circuit
reads this section as limiting recovery for mental or
emotional injury in all federal actions brought by prisoners.
See Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir.
2004); see also Burton v. Livingston, 791 F.2d 97,
99 (8th Cir. 1986) ("The District Court correctly stated
the general proposition that in the usual case mere words,
without more, do not invade a federally protected
plaintiff has not alleged any physical injury arising out of
defendant's conduct, and thus his action for mental and
emotional injury is precluded by the PLRA. See 42
U.S.C. § 1997e(e). Additionally, the Court cannot find
that defendant's hostile words rise to the level of a
federal action under 42 U.S.C. § 1983. Defendant yelled
at plaintiff, using a profanity. Although plaintiff suffered
emotional damage, mere words do not invade plaintiffs
federally protected rights. Plaintiff was not threatened with
physical injury, and nothing about the context of the remarks
suggests defendant's conduct was "especially
blameworthy." See Burton, 791 F.2d at 99. For
these reasons, the Court will dismiss plaintiffs action under
28 U.S.C. § 1915(e)(2).
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma pauperis [ECF No. 2] is
IS FURTHER ORDERED that plaintiff must pay an
initial filing fee of $13.30 within twenty-one (21) days of
the date of this Order. 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) that
the remittance is for an original proceeding.
IS FURTHER ORDERED that this action is
DISMISSED pursuant to 28 ...