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Komorech v. Cape Girardeau County Sheriff's Office

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

December 12, 2017

MATTHEW JACOB KOMORECH, Plaintiff,
v.
CAPE GIRARDEAU COUNTY SHERIFF'S OFFICE, et al., Defendants.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE.

         This matter is before the Court upon the motion of plaintiff, an inmate at the Cape Girardeau County Jail, 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 $24.74. 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 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 that his average monthly deposit is $123.74. Accordingly, his initial partial filing fee is $24.74.

         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 Alacks 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 Aenough 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 his civil rights. Named as defendants in this action are: the Cape Girardeau County Sheriff's Office; the Cape Girardeau County Jail; the Cape Girardeau County Justice Center; the Cape Girardeau County Detention Center; and Lieutenant T.C. Stevens. Plaintiff brings this action against Lieutenant Stevens in his individual and official capacity.

         Plaintiff claims that he was placed in C-Pod Cell 204 at the Cape Girardeau County Detention Center by an unnamed correctional officer on or about August 14, 2017. Plaintiff claims that the officer, as well as his supervisor T.C. Stevens, knew that the cell door did not lock from the outside and was a safety concern in that other inmates could open the cell without the consent of the correctional officers on duty. Plaintiff states that he told several officers, including Stevens about his concerns for his safety as a result of the problems with the cell door failing to lock, but the cell lock was not fixed, nor was he removed from the cell.

         Plaintiff claims that around 2:00 a.m. on August 18, 2017, “more than one inmate” came into plaintiff's cell and beat him, utilizing their ability to open his cell from the outside. Plaintiff states that he was badly beaten, two of his teeth were knocked out, his shoulder was injured and he had various bruising on his body. Plaintiff claims that he submitted sick calls to the medical staff but his medical needs were not treated. Plaintiff claims he also submitted grievances about the incident to Lt. Stevens, but his grievances were also not answered.

         Plaintiff asserts that these defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. He also claims that defendants failed to protect him in violation of the Eighth Amendment.

         Plaintiff seeks damages and injunctive ...


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