United States District Court, E.D. Missouri, Southeastern Division
ESLEY D. CORNELIUS, Plaintiff,
BOB HOLDER, et al., Defendants.
MEMORANDUM AND ORDER
C. COLLINS, UNITED STATES MAGISTRATE JUDGE.
a prisoner currently incarcerated at Eastern Reception,
Diagnostic and Correctional Center (“ERDCC”),
seeks leave to proceed in forma pauperis in this civil action
pursuant to 28 U.S.C. § 1915. The Court has reviewed
plaintiff's certified account statement and will assess
an initial partial filing fee of $.70. After reviewing
the complaint, the Court will appoint counsel and ask counsel
to submit an amended complaint in this action.
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.
Esley Cornelius, III, an inmate at ERDCC, brings this action
pursuant to 42 U.S.C. § 1983 alleging violations of his
civil rights during his pretrial detainment at the Dunklin
County Jail. Names of the defendants are: Bob Holder, Sheriff
of Dunklin County; Nicole Galloway (Green), Dunklin County
Jail Administrator, and John and Jane Does, Staff at Dunklin
County Jail. Plaintiff brings this action against defendants
in their official and individual capacities.
asserts that between the dates of September 22, 2012 and
September 26, 2012, he was detained at Dunklin County Jail.
He claims that he was “severely beaten” by
another inmate in E-Pod at the Jail in front of Dunklin
County Jail Officer Ariel Doe and two other Jane Does (Staff
Correctional Officers). Plaintiff asserts that his jaw was
broken as a result of the incident, and he was transported to
the local hospital for treatment.
alleges that the local hospital believed that his injuries
were “too severe” and that he should be treated
at Barnes Jewish Hospital in St. Louis, where he was taken by
Sheriff Bob Holder. Plaintiff claims he was at Barnes Jewish
Hospital from September 22, 2012 until September 24, 2012,
until he was asked if he “had an insurance card.”
Plaintiff states that the correctional officers guarding him
spoke to Jail Administrator Nicole Galloway on the phone
about the insurance matter and thereafter he was told they
were leaving the hospital. Plaintiff asserts that he was
returned to Dunklin County Jail without having his broken jaw
claims that two days later, his attorney was able to work
with the prosecutor to lower his bond to have him released
from custody in order to have him returned to Barnes Jewish
Hospital to have his jaw surgery done under his own medical
insurance. Plaintiff claims he had to have titanium plates
placed in his lower jaw in order to fix his injury.
asserts that the defendant correctional officers failed to
protect him from an attack from the other inmate in violation
of the Eighth Amendment, which resulted in a serious physical
injury to his jaw. He also claims that defendants were
deliberately indifferent to his serious medical needs in
violation of the Fourteenth and Eighth Amendment in that they
failed to get him proper treatment for his jaw and then
delayed the treatment when they did not want to pay for the
jaw surgery at Barnes Jewish Hospital.
also brings a failure to train/supervise claim against the
John and Jane Joe Correctional Officers in this matter.
Plaintiff seeks monetary damages.
Court believes that plaintiff's complaint states serious
allegations against several defendants in this action, and
plaintiff could benefit from appointment ...