United States District Court, E.D. Missouri, Southeastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff Mark
Bruce Anderson, an inmate at Ste. Genevieve County Jail, for
leave to commence this action without payment of the required
filing fee. For the reasons stated below, the Court finds
that plaintiff does not have sufficient funds to pay the
entire filing fee and will assess an initial partial filing
fee of $9.11. See 28 U.S.C. § 1915(b)(1).
Furthermore, after reviewing the complaint, the Court will
order the Clerk to issue process or cause process to be
issued on 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 $45.54. Plaintiff has insufficient funds to pay the entire
filing fee. Accordingly, the Court will assess an initial
partial filing fee of $9.11, which is 20 percent of
plaintiff's average monthly deposit.
Standard on Initial Review
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.
brings this action under 42 U.S.C. § 1983 alleging
violations of his rights under the Fifth, Eighth, and
Fourteenth Amendments. Named as defendants are the following
employees of the Ste. Genevieve County Sheriff's Office:
Corporal Carrow,  Officer Hattenhauer, and Officer S.
a federal pretrial detainee, states that between October 9,
2017 and December 20, 2017, he was housed in Ste. Genevieve
County Jail's A-pod, which is typically designated for
sex offenders, inmates with medical issues, and other inmates
needing protective custody.Prior to October 9, 2017, these
inmates had been housed in G-pod, which had individual cells
to afford them more protection. G-pod also had two intercom
locations, and an intercom located in each cell.
October 9, 2017, all inmates from the G-pod were moved to the
A-pod. A-pod is an “open-bay” style pod with no
cells and only one button, located by the main door, for the
intercom system. Plaintiff states that jail staff would also
place non-sex offenders in A-pod if the jail became
in October 2017 and continuing through November 2017, federal
inmate J.C. Waller notified defendants Hattenhauer and S.
Edwards verbally that plaintiff and two other inmates were
being threatened and targeted for serious bodily injury by
non-sex offenders housed in A-pod. Waller told defendants
that they were placing sex offenders in life threatening
danger and disregarding these inmate's health and safety.
Defendants Hattenhauer and Edwards responded that they were
aware of the dangerous situation, but that Ste. Genevieve
County Jail was overcrowded. So aggressive, non-sex offenders
were being housed with sex offenders. In response to Waller
notifying defendants of continued threats to plaintiff in
November 2017, defendants responded that “nobody has
been killed.” Plaintiff states defendants continued to
ignore these explicit warnings from inmate Waller.
December 20, 2017, plaintiff was assaulted by two other
inmates in A-pod, William Warden and Matthew Gregory. These
violent non-sex offender inmates punched and kicked plaintiff
repeatedly in the face and head, causing bruising, swelling,
and cuts all over his body. During the attack, the inmates
blocked plaintiff's access to the main door and the
emergency intercom system in the A-pod. Plaintiff was taken
to Ste. Genevieve Hospital for treatment, and was also
referred to mental health services. Plaintiff alleges
defendants violated the Eighth ...