Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brooks v. Lewis

United States District Court, E.D. Missouri, Southeastern Division

February 14, 2019

AUBREY BROOKS, Plaintiff,
v.
JASON LEWIS, et al., Defendants.

          MEMORANDUM AND ORDER

          STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon the motion of plaintiff Aubrey Brooks (registration no. 1264323), an inmate at Southeast Correctional Center (“SECC”), 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 $29.61. See 28 U.S.C. § 1915(b)(1). Furthermore, after reviewing the complaint, the Court will partially dismiss the complaint and will issue process on plaintiff's failure to protect claims against defendant Correctional Officer William Bradley in his individual capacity.

         28 U.S.C. § 1915(b)(1)

         Pursuant 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.

         Plaintiff 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 $148.08. Accordingly, the Court will assess an initial partial filing fee of $29.61.

         28 U.S.C. § 1915(e)

         Pursuant 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).

         The Complaint

         Plaintiff, who identifies as a person with Dwarfism or as a “Little Person, ” brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his civil rights. Plaintiff names the following individuals as defendants in this action: SECC Warden Jason Lewis; Assistant Warden Paula Reed; Bed Broker John/Jane Doe; Correctional Officer B. Hickey; Correctional Officer William Bradley; and Director of Missouri Department of Corrections, Anne Precythe. Plaintiff brings this action against defendants in their individual capacities.

         Plaintiff alleges that on August 31, 2017 he got into a fight with another offender at SECC, Efform Williams. He states that at the time of the altercation, Officer Wilkerson was forced to use his mace to stop the fight. After the fight, plaintiff was escorted to the Administrative Segregation Unit by Sergeant Lyerla. Plaintiff asserts that “all paperwork was filed” that same date.

         Plaintiff states that despite a policy at the prison that all offenders be placed in a cell in the Administrative Segregation Unit if one was immediately available, he was forced to wait for two hours shackled to a bench by “SHU staff.” Plaintiff states that this caused him back and shoulder pain as a result of his Little Person status.

         Plaintiff states that he had a disagreement about bunk preference with the first cellmate he was placed with in the Administrative Segregation Unit, so he asked for Protective Custody in order to get out of the cell. Plaintiff complains that he was again forced to wait for two hours on the bench in the Administrative Segregation Unit prior to being given a new cell.

         Plaintiff states that he was initially given a single cell in the Administrative Segregation Unit on his second cell assignment, but after three days, “another aggressive cellmate came into the cell.” Plaintiff states that due to [his] injuries and his size and disability [he] chose to run away.” Thus, plaintiff again chose to ask for Protective Custody and sought a new cell. Plaintiff asserts that he was once against placed on the bench for a two-hour wait.

         Plaintiff states that the Unknown Bed-Broker “intentionally decided” that he should be placed with one of his enemies on his third cell assignment in the Administrative Segregation Unit. He asserts that on September 9, 2017, Correctional Officer William Bradley was ordered by the “bubble officer” to place plaintiff in a cell with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.