United States District Court, E.D. Missouri, Southeastern Division
KEVIN W. TARPLEY, Plaintiff,
MICHAEL MCMEADE, et al., Defendants.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT
matter comes before the Court on the motion of plaintiff
Kevin W. Tarpley for leave to commence this civil action
without prepayment of the filing fee. (Docket No. 2). While
incarcerated, plaintiff has brought three or more civil
actions in federal court that were dismissed as frivolous,
malicious, or for failure to state a claim. Accordingly, for
the reasons discussed below, the Court will deny plaintiffs
motion for leave to proceed in forma pauperis and dismiss
plaintiffs complaint without prejudice.
is currently an inmate at South Central Correctional Center
in Licking, Missouri. He brings this civil action pursuant to
42 U.S.C. § 1983, naming Sheriff Michael McMeade and the
Butler County Sheriffs Department as defendants. Sheriff
McMeade is sued in both his official and individual capacity.
states that in October of 2016, while incarcerated in the
Butler County Jail, he got into a physical altercation with
another inmate. (Docket No. 1 at 5). As a result of this
altercation, he was placed in segregation. While in
segregation, plaintiff alleges that he was not allowed to use
the toilet. Accordingly, he "peed in a cup and threw it
under the cell door." When Sheriff McMeade saw what
plaintiff had done, he purportedly entered the cell and began
hitting plaintiff on the head. Sheriff McMeade also allegedly
kneed plaintiff in the back. Plaintiff adds that when this
assault occurred, he was in a wheelchair and had only one
asserts that he was not allowed to call anyone, but did tell
Sheriff Marcus Unknown and Sheriff Liz Unknown what occurred.
He claims they "did nothing," yet also states that
they took him to see "Dr. Tom," the "brother
of Sheriff Liz." Plaintiff states that no investigation
ever took place, despite the marks on him from the assault.
alleges that he has "ongoing back problems" from
being kneed in the back, as well as recurring migraines from
being hit in the head. (Docket No. 1 at 6). He seeks $750,
000 in damages. He also wants charges filed against Sheriff
seeks leave to commence this § 1983 action without
prepayment of the required filing fee. Because plaintiff has
had three previous cases dismissed on the basis of frivolity,
maliciousness, or for failure to state a claim, his motion to
proceed in forma pauperis will be denied and his case
dismissed without prejudice.
The Three Strikes Provision of 28 U.S.C. §
Prison Litigation Reform Act of 1996 enacted what is commonly
known as the "three strikes" provision of 28 U.S.C.
§ 1915(g). Orr v. Clements, 688 F.3d 463, 464
(8th Cir. 2012). Section 1915(g) provides in
In no event shall a prisoner bring a civil action.. .under
this section if the prisoner has, on three or more prior
occasions, while incarcerated or detained in any facility,
brought an action...in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious
28 U.S.C. § 1915(g). This section does not apply unless
the inmate litigant has three strikes at the time he files
his lawsuit or appeal. Campbell v. Davenport Police
Dep't, 471 F.3d 952, 952 (8thCir. 2006).
Prisoners who have had three previous civil lawsuits or
appeals dismissed as frivolous, malicious, or for failure to
state a claim must prepay the entire filing fee. Lyon v.
Krol, 127 F.3d 763, 764 (8th Cir. 1997).
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