United States District Court, W.D. Arkansas, Texarkana Division
ORDER
Susan
O. Hickey Chief United States District Judge
This is
a civil rights action filed by Plaintiff Chauncy Destre
Basham pursuant to 42 U.S.C. § 1983. The case is before
the Court for preservice screening under the provisions of
the Prison Litigation Reform Act (“PLRA”).
Pursuant to 28 U.S.C. § 1915A, the Court has the
obligation to screen any complaint in which a prisoner seeks
redress from a governmental entity, officer, or employee.
I.
BACKGROUND
Plaintiff
filed his Complaint on August 21, 2019. (ECF No. 1).
Plaintiff proceeds in this matter pro se and in
forma pauperis. (ECF Nos. 1, 2, 3, 7). On September 11,
2019, the Court directed Plaintiff to file an amended
complaint by October 2, 2019. (ECF No. 6). The Court also
directed the Clerk of Court to mail Plaintiff a
court-approved section 1983 form to use for filing the
amended complaint and instructed that Plaintiff's amended
complaint should include:
short, plain statements telling the Court: (1) the
constitutional right Plaintiff believes was violated; (2) the
name of the Defendant who violated the right; (3) exactly
what the Defendant did or failed to do; (4) how the action or
inaction of that Defendant is connected to the violation of
Plaintiff's constitutional rights; and (5) what specific
injury Plaintiff suffered because of that Defendant's
conduct. Plaintiff must repeat this process for each person
he has named as a Defendant.
Id. (internal citation omitted).
Plaintiff
filed his Amended Complaint on September 26, 2019. (ECF No.
7). Plaintiff lists the following Defendants in the Amended
Complaint: Police Chief Bob Harrison; Sheriff Jackie Runyon;
Sergeant D. Rogers; Sergeant J. Guthrie; Arresting Officer
“John Doe, ”; Sergeant Griffie; and Bubba Green
of Bubba Green Towing. (ECF No. 7).
Plaintiff's
first claim is for “medical care (bill)” with a
date of occurrence of July 8, 2019. He lists Chief Bob
Harrison and Patrol Officer “John Doe” in
connection with this claim, naming them in both their
official and individual capacities. Plaintiff's
description of the acts or omissions forming the basis of
this claim are as follows: “Officer ‘John
Doe' placed me in the back of a hot patrol car, which
caused severe dehydration and a hospital bill in the amount
of $2, 454.86.” When asked to describe a custom or
policy that caused the violation of his constitutional
rights, Plaintiff states “U.S. Constitution right
Amend. 8. Excessive fines imposed.” (ECF No. 7).
Plaintiff
second claim is for “cruel and unusual
punishment” with a date of occurrence of July 8, 2019.
He lists Chief Bob Harrison and Patrol Officer “John
Doe” in connection with this claim, naming them in both
their official and individual capacities. Plaintiff's
description of the acts or omissions forming the basis of
this claim are as follows: “Officer ‘John
Doe' placed me in a hot squad car which caused me to be
sick with severe dehydration.” When asked to describe a
custom or policy that caused the violation of his
constitutional rights, Plaintiff states “U.S.
Constitutional Right Amend. 8 cruel and unusual
punishment.” (ECF No. 7).
Plaintiff
third claim is for “seizure of property” with a
date of occurrence of July 8, 2019. He lists Chief Bob
Harrison, Patrol Officer “John Doe, ” and Bubba
Green as Defendants, naming them in both their official and
individual capacities Plaintiff's description of the acts
or omissions forming the basis of this claim are as follows:
“Patrol officer ‘John Doe' pulled me over in
my yard and had Bubba Green tow vehicle which cost
$215.00.” When asked to describe a custom or policy
that caused the violation of his constitutional rights,
Plaintiff states “U.S. Constitutional Right Amend. 8-4
Excessive fines imposed unreasonable seizure of
property.” (ECF No. 7).
Plaintiff
seeks “[r]eimbursement for all costs incurred, towing
fees, med bills, fines, court cost etc. My pain and
suffering, loss of wages, precious family time. $300, 000.00
and dismissal of all charges.” (ECF No. 7).
II.
STANDARD
Under
the PLRA, the Court is obligated to screen the case prior to
service of process being issued. The Court must dismiss a
complaint, or any portion of it, if it contains claims that:
(1) are frivolous, malicious, or fail to state a claim upon
which relief may be granted, or (2) seeks monetary relief
from a defendant who is immune from such relief. 28 U.S.C.
§ 1915A(b).
A claim
is frivolous if “it lacks an arguable basis either in
law or fact.” Neitzke v. Williams, 490 U.S.
319, 325 (1989). A claim fails to state a claim upon which
relief may be granted if it does not allege “enough
facts to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). “In evaluating whether a pro
se plaintiff has asserted sufficient facts to state a
claim, we hold ‘a pro se complaint, however
inartfully pleaded . . . to less stringent standards than
formal pleadings drafted by lawyers.'” Jackson
v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting
Erickson ...