United States District Court, E.D. Missouri, Eastern Division
BRENT J. JOHNS, Plaintiff,
UNKNOWN MCFERRON, et al., Defendants.
MEMORANDUM AND ORDER
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff,
Brent Jeffrey Johns, who is currently detained at St. Louis
County Justice Center, to commence this action without
payment of the required filing fee. For the reasons stated
below, the Court finds that plaintiff does not have
sufficient funds to pay the entire filing fee and will assess
an initial partial filing fee of $1.84. See 28
U.S.C. § 1915(b)(1). Furthermore, based upon a review of
the complaint, the Court will stay and administratively close
this action pursuant to the Supreme Court case of Wallace
v. Kato, 549 U.S. 384 (2007), based on the pendency of
an underlying criminal cases against plaintiff that arises
out of the same facts.
U.S.C. § 1915(e)
to 28 U.S.C. § 1915(e)(2)(B), the Court shall 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 either in
law or in fact.'' Denton v. Hernandez, 504
U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490
U.S. 319, 325 (1989)). 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, 460-63 (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).
Brent J. Johns brings this action pursuant to 42 U.S.C.
§ 1983 alleging violations of his civil rights. Named as
defendants are: Detective Unknown McFerron; Sgt. Henry Moore
(Missouri State Highway Patrol Officer); Police Officer
Unknown Brown; Unknown Owners of the River City Casino;
Missouri Highway Patrol; Federal Gaming Commission; Dale
Montgomery, Jr. (Security Director, River City Casino); John
and Jane Doe Employees of River City Casino.
states that on or about March 4, 2015, he was unlawfully
seized and falsely imprisoned by defendant Montgomery, Sgt.
Moore, and other unnamed officials employed by the River City
Casino. He asserts that his truck was searched in the River
City Casino parking lot, and he was taken to the St. Louis
County Police precinct, where he was further held and
questioned by Police Officer Brown relating to a weapon that
was kept in a locked box in his truck, which plaintiff claims
belonged to his father. Plaintiff was eventually charged with
unlawful possession of a firearm. See State v.
Johns, No. 16SL-CR00718-01 (21st Judicial
Circuit, St. Louis County Court).
request for relief, plaintiff seeks compensatory and punitive
Court takes judicial notice that a review of Missouri
Case.Net shows that Officer Weber swore out an affidavit in
support of a felony complaint against plaintiff on January
28, 2016, in State v. Johns, No. 16SL-CR00718-01
(21st Judicial Circuit, St. Louis County Court).
In the affidavit, Officer Weber stated:
I, Joshua Weber, DSN 238 A, St. Louis County Police
Department, knowing that false statements on this form are
punishable by law, state that the facts contained herein are
true. I have probable cause to believe that on March 4, 2015,
at 777 River City Casino Blvd., St. Louis County, Mo. Brent
Johns, White Male, . . ., 225 lbs, committed on or more
Count: 01 UNLAWFUL POSSESSION OF A FIREARM CLASS C FELONY
The facts supporting this belief are as follows:
Defendant is seen entering a room where guns and drugs were
previously discovered by police. Defendant was questioned by
police and admitted to being a drug user and gave officer
permission to search his vehicle. Defendant admitted to
having a gun in his car. Search of the vehicle revealed a