United States District Court, E.D. Missouri, Northern Division
JERRY L. RECTOR, Plaintiff,
DR. RUANNE STAMPS, et al., Defendants.
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff Jerry
L. Rector (registration no. 240082), an inmate at Moberly
Correctional Center (“MCC”), 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
$34.31. See 28 U.S.C. § 1915(b)(1).
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. A review of
plaintiff's account indicates an average monthly deposit
of $171.58. Accordingly, the Court will assess an initial
partial filing fee of $34.31, which is 20 percent of
plaintiff's average monthly deposit.
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. Plaintiff also brings claims
under the Americans with Disabilities Act.
has named Dr. Ruanne Stamps, Lisa Pogue (Asst. Deputy Warden
and Americans with Disabilities (“ADA”)
coordinator), Dean Minor (Warden) and Unknown Correctional
Officers at MCC as defendants in this action. Plaintiff sues
defendants in their individual and official capacities.
asserts that he was attacked in the yard at MCC on September
8, 2017, by another inmate. Plaintiff claims that the inmate
was directed to attack him in order to earn his
“stripes” for the Family Values Gang at MCC, or
to become a “made person.” Plaintiff states that
he suffered severe damage to the side of his head, requiring
two surgeries and a plate to be placed in his skull, which
eventually has to be replaced due to an infection risk.
Plaintiff states that he currently has to wear a helmet to
protect his head as a result of the accident, and he asserts
that he suffers from brain damage, memory loss, attention
deficit disorder, as well as other maladies.
brings am Eighth Amendment claim for deliberate indifference
to his serious medical needs with regard to the treatment of
his brain injury after his surgeries with regard to Dr.
Ruanne Stamps. His claims appear to relate to her refusal to
provide plaintiff with proper medical care after the
surgeries, as well as follow-up care and appropriate
rehabilitation services. Plaintiff further asserts that
despite his requests, Lisa Pogue, the ADA coordinator at the
prison, has denied him medical and rehabilitative services
for his brain disorder as a result of his newly acquired
states that the gangs at MCC require that sex offenders, like
plaintiff, pay extortion money for protection from physical
violence. The gangs refer to this as “pressing.”
Plaintiff alleges that Warden Dean Minor is aware of the
pressing that is occurring at MCC, as well as the fact that
sex offenders are susceptible to attacks from the gang
members, yet despite his knowledge, he has insisted on
placing sex offenders in SIGMA wings in general population
with the gang members. Plaintiff claims that the Warden has
failed to properly train and supervise the correctional
officers at MCC in protecting sex offenders from gang
violence in the prison, in part, because there is a custom at
the prison of allowing the gang members to exploit the sex
offenders. He states generally, that the Warden has failed to
hire the proper number of correctional officers to protect
the sex offenders, and that he has failed to properly train
and supervise the correctional officers currently on staff so
that the sex offenders are properly protected from attacks.
Plaintiff also appears to allege that the Warden has given
tacit approval to the correctional officers, through an
unofficial policy or custom, that it is okay to treat or
allow others to treat the sex offenders in a violent manner.
further alleges that Warden Minor has put the inmates like
plaintiff at risk because MCC is currently understaffed by