Basham v. Harrison

          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 ...