United States District Court, E.D. Missouri, Eastern Division
CAMARON C. BEAL, Plaintiff,
DALLAS JONES, et al., Defendants.
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff
Camaron C. Beal (registration no. 1182982), an inmate at
Eastern Reception, Diagnostic and Correctional Center
("ERDCC"), 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
not assess an initial partial filing fee at this
time. See 28 U.S.C. § 1915(b)(2).
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.
U.S.C. § 1915(b)(1)
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.
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. The account shows
a negative balance of $1, 020.00. For this reason, the Court
will order the agency having custody of plaintiff to submit
monthly payments from plaintiffs account until plaintiffs
full filing fee of $350 is paid, in accordance with 28 U.S.C.
U.S.C. § 1915(e)
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
"lacks 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 "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).
brings this action pursuant to 42 U.S.C. § 1983 alleging
violations of his civil rights during his incarceration in
the St. Louis City Justice Center. He asserts that during his
incarceration at the Justice Center on January 10, 2016, he
was subjected to excessive force by correctional officer
Dallas Jones. Plaintiff claims that he was repeatedly struck
by Jones in his face and head with Jones' walkie-talkie,
and he asserts that Jones chased him in order to continue to
assault him. Plaintiff claims that Jones only stopped beating
him when another officer interceded on plaintiffs behalf.
claims that Superintendent Jeffrey Carson failed to protect
him from Jones as Jones had assaulted plaintiff on a prior
occasion in 2012 and Carson knew about the assault and failed
to keep Jones away from plaintiff. By filing a separate
motion to amend his complaint, plaintiff seeks to add the
City of St. Louis Department of Public Safety as a defendant
in this action. Plaintiff brings this action against
defendants in their individual and official capacities.
seeks monetary damages.
Court will issue process on plaintiffs claim against Dallas
Jones in his individual capacity for excessive force. The
Court will also issue process on plaintiffs claim against
defendant Jeffrey Carson in his individual capacity for
plaintiffs failure to protect claim.
the Court will dismiss plaintiffs claims for official
capacity against both defendants, as well as his claims
against the City of St. Louis Department of Public Safety, as
plaintiff has not alleged that a policy or custom of the City
of St. Louis was responsible for the alleged constitutional