United States District Court, E.D. Missouri, Eastern Division
LAUTHA V. ANDERSON, SR., Plaintiff,
CHANTAY GODERT, et al., Defendants.
MEMORANDUM AND ORDER
G. FLEISSIG UNITED STATES DISTRICT JUDJE
a prisoner, seeks leave to proceed without payment of the
required filing fee in this civil action under 42 U.S.C.
§ 1983. Having reviewed plaintiff's financial
information, the Court assesses a partial initial filing fee
of $15.82, which is twenty percent of his average monthly
deposit. See 28 U.S.C. § 1915(b). Furthermore,
after reviewing the amended complaint, the Court will
partially dismiss the amended complaint and will order the
Clerk to issue process or cause process to be issued on the
non-frivolous portions of the amended complaint.
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.
an inmate at Northeast Correctional Center
(“NECC”), brings this § 1983 action against
five individual officials at NECC and the Missouri Department
of Corrections (“MDOC”) alleging constitutional
violations arising out of his transfer from NECC's
segregation unit to the general population. Plaintiff brings
the claims against the individual defendants in both their
official and individual capacities.
November 18, 2016, plaintiff states he was under
investigation for two charges of conspiracy to introduce
narcotics into a correctional center. Because of this
investigation, plaintiff had been assigned to the
administrative segregation unit at NECC. He states his life
was in danger in the general population because a rumor had
spread among the inmates, specifically the Family Value gang
at NECC, that plaintiff was snitching to try to get out of
his two conspiracy charges.
states that on November 18, defendant Sergeant Rubino told
plaintiff that he had been ordered to be removed from
NECC's segregation unit and placed back into the general
population. Plaintiff attaches to his amended complaint the
classification hearing form dated November 18, 2016, which
recommended assigning plaintiff to the general population.
The committee members of the hearing, each of whom signed the
recommendation, were the following defendants: Robert
Henderson (Committee Chair); Taylor Preston (Committee
Member); Jeremy Hansen (Committee Member); and Chantay Godert
Rubino told plaintiff that if he refused to go to the general
population, physical force would be used against him and he
would incur another conduct violation. Plaintiff explained to
Rubino that she was making a mistake and deliberately placing
plaintiff in a life threatening situation. Plaintiff states
he had not waived his right to protective custody, nor had he
participated in the classification hearing.
November 20, 2016, two days after he was forced back into the
general population, an inmate associated with the Family
Value gang approached plaintiff, accusing him of snitching.
As plaintiff walked to dinner, this inmate slit
plaintiff's throat. According to plaintiff,
I . . . ran back to my assigned housing unit and cell, and I
looked at my neck sliced open and paining and I became even
more terrified and afraid. I had never been afraid as I was
then, because there was prison staff involved which made me
not report the incident because I was in fear of my life and
I did not know if I could trust any staff member because they
were the ones who had put the rumor out that I was a snitch.
So, I stayed in my cell, scared to death, anxiously waiting
for them to call lock down for the night, and I tried to stop
the bleeding. However, I was in great pain and my neck would
not stop bleeding and so at 4:00 a.m., the next morning I
alerted the prison staff about the whole situation. I then
went to the prison's medical unit, wherein my neck injury
was treated . . . . Thereafter, I was taken back to the
prison's segregation unit, wherein a Corrections Officer
#3 (Lieutenant) took pictures of my neck injury.
November 28, 2016, plaintiff was placed back in the
segregation unit. The MDOC form approving his transfer back
to segregation states plaintiff was “released from