United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE, UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of Terry Pearson
(registration no. 1013512), an inmate at Boonville
Correctional Center, 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 $24.61. 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
plaintiffs account indicates an average monthly deposit of
$123.08. Plaintiff has insufficient funds to pay the entire
filing fee. Accordingly, the Court will assess an initial
partial filing fee of $24.61.
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).
an inmate at Boonville Correctional Center brings this action
pursuant to 42 U.S.C. § 1983 alleging violations of his
civil rights during his incarceration at Northeast
Correctional Center ("NECC") in Moberly, Missouri.
Plaintiff names the following individuals as defendants in
this action: Myron Woodson (Correctional Officer, NECC);
Chantay Godert (Warden, NECC); Ryan Crews (Deputy Director,
Missouri Department of Corrections ("MDOC"));
Unknown Male Corrections Officer. Plaintiff sues defendants
in both their individual and official capacities.
claims that on July 31, 2017, he was escorted to the restroom
by Correctional Officer Woodson during a "major
shakedown" at NECC. He states that after using the
restroom he was asked by Officer Woodson to undress for a
strip search, and that he complied. Plaintiff alleges that
after he was naked, he remained standing on his shower shoes,
but Woodson asked for the shoes. Plaintiff states that he
asked Woodson if he was going to have to stand on the dirty
bathroom floor with his bare feet and Woodson placed his hand
on his mace and stated, "That wasn't a
question." Plaintiff purportedly handed his shower shoes
to Woodson and finished complying with the strip search.
plaintiff states that during the "squat and cough,
" there were "sexual overtones" to the search,
and plaintiff asked for Correctional Officer Woodson's
name because the search had made plaintiff uncomfortable.
Woodson, who had his name tag covered, allegedly replied
something unintelligible. As plaintiff was putting on his
socks, he purportedly said, "I'm sorry, I didn't
hear you." According to plaintiff, defendant Woodson
then stated, "F-this, " and he grabbed his mace and
started spraying it in plaintiff Pearson's face.
claims at that point that both Woodson and an Unknown Male
Corrections Officer began striking plaintiff, and then
slammed him into the sink and into the ground. Plaintiff
asserts that he did not attempt to fight back. Plaintiff was
then cuffed and taken to a holding area, where he was
handcuffed to a bench, by his hands and ankles, for two
hours. Plaintiff claims that he was not allowed to see any
medical personnel, nor was he allowed to wash off the mace
from his face or eyes. Rather, he was given a conduct
violation almost immediately after the incident instead.
asserts that it wasn't until three (3) days later that he
was taken to medical and told that he had fractured ribs as a
result of the incident. He claims that he filed grievances
related to the incident but that Warden Godert, ...