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Perkins v. State

United States District Court, W.D. Missouri, Western Division

June 25, 2019

DIANE ELAINE PERKINS, AUTHORIZED REPRESENTATIVE OF REGINALD ALLEN PERKINS, DECEASED; AND REGINALD ALLEN PERKINS DECD.; Plaintiffs,
v.
STATE OF MISSOURI, et al., Defendants.

          ORDER

          ROSEANN A. KETCHMARK, JUDGE

         Before the Court are the Defendants' motions to dismiss. (Docs. 7, 9, 11, 15, 27.) Plaintiff failed to file a timely response to all of the motions to dismiss. On May 6, 2019, the Court allowed Plaintiff another opportunity to file a response to the motions to dismiss before ruling on them. (Doc. 32.) Plaintiff did not file any response after the Court's Order, and the time for doing so has expired. After careful consideration and for the reasons below, the motions to dismiss (Docs. 7, 9, 11, 15, 27) are GRANTED, and this case is DISMISSED with prejudice.

         Background

         Plaintiff Diane Perkins (“Plaintiff”) is the mother of Plaintiff Reginald Perkins. Reginald Perkins was arrested for assault on October 22, 2009. Reginald Perkins was arrested again on December 29, 2009. Reginald Perkins filed a previous lawsuit on December 29, 2011. Reginald Perkins v. KCMO Police Dept., et al., 4:11-CV-01313-BP. The allegations in that suit are the same as the allegations in this suit. The previous action was dismissed by the district court pursuant to the holding in Heck v. Humphrey on June 25, 2012. 512 U.S. 477 (1994). Reginald Perkins appealed the court's dismissal, and the Eighth Circuit affirmed the district court's decision. The Eighth Circuit issued its mandate on September 9, 2013. Reginald Perkins committed suicide on February 2, 2016.

         On October 22, 2018, Plaintiff Diane Perkins (“Plaintiff”) filed suit on behalf of her deceased son, Reginald Perkins, as his authorized representative and on her own behalf.[1]Plaintiff's Complaint alleges the following claims against Defendants:

- “42 U.S.C. § 1983 Civil Rights Violations;”
- “18 U.S.C. § 241 Conspiracy Against Rights;”
- “18 U.S.C. § 242 Deprivation of Rights Under Color of Law;”
- “18 U.S.C. § 1419 Falsification of Records.” (Doc. 3.)

         There are further allegations that Mr. Perkins made various attempts to obtain relief and help in his situation from a number of political figures and agencies prior to committing suicide. Plaintiff now seeks relief in the form of damages in excess of $15, 000, statutory interest, punitive of damages of $10, 000 each week, an order requiring the City and State to pay for a mausoleum for her son, and grief counseling sessions.

         The defendants in this action have brought consolidated motions to dismiss under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). (Docs. 7, 9, 11, 15, 27.) Defendant City of Kansas City's Motion to Dismiss argues dismissal is proper because there are no actionable claims brought by Plaintiff against Defendant City of Kansas City. (Doc. 9.)

         Legal Standard

         To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim for relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). When considering a motion to dismiss for failure to state a claim, the well-pled allegations in the complaint must be accepted as true and construed in the light most favorable to the nonmoving party. Osahar v. U.S. Postal Service, 297 Fed.Appx. 863, 864 (8th Cir. 2008). While a pro se plaintiff's complaint is construed liberally, the court “will not supply additional facts, nor will [the court] construct a legal theory for plaintiff that assumes facts that have not been pleaded.” Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (citation and quotation marks omitted). The Court is not bound to accept legal conclusions as true when ...


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