Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johns v. McFerron

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

January 24, 2018

BRENT J. JOHNS, Plaintiff,
v.
UNKNOWN MCFERRON, et al., Defendants.

          MEMORANDUM AND ORDER

          CHARLES A. SHAW UNITED STATES DISTRICT JUDGE.

         This 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.

         28 U.S.C. § 1915(e)

         Pursuant 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).

         The Complaint

         Plaintiff 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.

         Plaintiff 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).

         In his request for relief, plaintiff seeks compensatory and punitive damages.

         Criminal Background

         The 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 criminal offense(s).
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 black ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.