United States District Court, W.D. Missouri, Western Division
ORDER GRANTING IN PART DEFENDANTS' MOTION TO
KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT.
civil action brought by Nicholas Ayers
(“Plaintiff”) arises from a period of his
confinement in Jackson County Detention Center. Plaintiff
sued Defendants Joe Piccinini (“Piccinini”), John
Doe, and Jackson County, Missouri (“Jackson
County”) alleging the conditions of his cell violated
his constitutional right to be free from cruel and unusual
punishment. Plaintiff also seeks judgement against all
Defendants for premises liability.
before the Court is Jackson County's and Piccinini's
Motion to Dismiss (Doc. 9). For the following reasons, the
motion is GRANTED IN PART and Plaintiff is GRANTED LEAVE of
Court to file his First Amended Complaint pursuant to Federal
Rule of Civil Procedure 15.
Plaintiff's allegations as true and drawing all
reasonable inferences in his favor, the Court finds the facts
to be as follows.
January 1, 2016 through March 17, 2016, Plaintiff was an
inmate housed on the second floor of a cell unit at the
Jackson County Detention Center, operated by Defendant
Jackson County. Defendant Piccinini was the Director of the
Jackson County Detention Center and was responsible for its
day to day operation. Defendant John Doe is unknown to
Plaintiff and is responsible for maintenance of the
facilities at the Jackson County Detention Center.
about January 1, 2016, Plaintiff notified
Defendants that a plumbing pipe in his cell was
broken. The water in Plaintiff's cell was shut off until
approximately January 16, 2016, when a plumber repaired the
broken pipe. Shortly after, the pipe broke again and the
water was again shut off, causing Plaintiff's toilet to
the toilet in the cell adjacent to Plaintiff's was
flushed, sewage would back-flow into the toilet in
Plaintiff's cell. Plaintiff's cell consistently
smelled of sewage and was frequently contaminated by sewage
spilling out of the toilet and onto the floor of the cell.
The conditions directly exposed Plaintiff to contact with
human waste including feces and urine each time the toilet in
Plaintiff's cell overflowed. After several weeks of this
condition, Plaintiff began carrying water from a first floor
mop sink in a large plastic trash can, up the cell block
stairs, and to his second floor cell, so that he could
“flush” the sewage in his cell toilet.
repeatedly notified Defendants and other correctional
officers of these conditions and repeatedly requested to be
transferred to a different cell. Defendants did not address
the problems with Plaintiff's cell or move him to another
approximately 4:00 a.m. on March 17, 2016, the smell from the
Plaintiff's cell toilet was so strong that Plaintiff
could not sleep. Plaintiff left his cell, which had a broken
lock, to retrieve water from the first floor to flush his
toilet. As Plaintiff carried water up the stairs in the dark,
the water shifted in the trashcan and he lost his balance
causing him to fall backward and strike his head, neck, and
March 16, 2017, Plaintiff filed a three-count lawsuit
alleging (1) violation of the Eighth Amendment, cruel and
unusual punishment provision under 42 U.S.C. § 1983,
against Piccinini and Defendant John Doe; (2) failure to
supervise and train under 42 U.S.C. § 1983, against
Jackson County; and (3) premises liability under Mo. Rev.
Stat. § 537.600(2), against all Defendants.
survive a 12(b)(6) motion to dismiss, the complaint must do
more than recite the bare elements of a cause of action.
Ashcroft v. Iqbal, 556 U.S. 662, 687 (2009). Rather,
it must include “enough facts to state a claim to
relief that is plausible on its face.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007). Although a
complaint is not required to have detailed factual
allegations, a plaintiff must provide more than mere
“labels and conclusions” or “formulaic
recitation of the elements of a cause of action.”
Twombly, 550 U.S. at 545. In reviewing the
complaint, the court assumes ...