Opinion
Civil Action No. 00-2272-GTV.
June 21, 2000.
MEMORANDUM AND ORDER
This is an action where plaintiff seeks leave of the court to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. He has filed an application (Doc. 2) to file the case without payment of fees, costs or security. The application is supported by plaintiff's affidavit. The application to proceed in forma pauperis is granted.
Although one part of plaintiff's complaint states that his claim is brought under Title VII of the Civil Rights Act of 1964, a reading of the entire complaint, which is in two parts, leads to the conclusion that he is attempting to assert a claim pursuant to 42 U.S.C. § 1983 for violations of rights under the United States Constitution. The complaint does not say which provisions of the Constitution plaintiff claims have been violated, but the Eighth Amendment would appear to be the most relevant.
The defendants named in the complaint are Belton Police Department, 7001 E. 163rd St., Belton, MO 64012, and Municipal Court, 7001 E 163rd St., Belton, Mo. 64102. It appears from a reading of plaintiff's complaint, that his claims arise out of his arrest and incarceration in Belton, Missouri. The case must be dismissed because this court would not be able to exercise personal jurisdiction with respect to the named defendants. Plaintiff has sought relief in the wrong court. The court could transfer the case to the United States District Court for the Western District of Missouri, but declines to do so, because the complaint is otherwise subject to dismissal under 28 U.S.C. § 1915.
28 U.S.C. § 1915(e)(2) provides that an action filed without prepayment of fees shall be dismissed "at any time if the court determines that —
* * *
(B) the action or appeal —
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief."
The case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) because the complaint fails to state a claim on which relief may be granted. It is also dismissed because it is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). Plaintiff's allegations are not entirely clear, but it appears that he was incarcerated (presumably by defendant Belton Police Department) for five days in his own clothes, without being supplied with clean clothes. He also seems to complain that most of the prisoners housed in the jail were federal prisoners, and that women were also maintained as prisoners there. He requests damages of one trillion dollars with interest at 50%. Jail or prison conditions do not violate the Eighth Amendment unless they result in the "unnecessary and wanton infliction of pain," are "grossly disproportionate to the severity of the crime warranting imprisonment," or result in an "unquestioned and serious deprivation of basic human needs." Rhodes v. Chapman, 452 U.S. 337, 346-47 (1981). The allegations of plaintiff's complaint do not rise to the level of constitutional violations.
This action is also dismissed as to the defendant Municipal Court because it seeks monetary relief from that defendant when it is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(iii). Courts and judges are absolutely immune from liability for their judicial acts.Stump v. Sparkman, 435 U.S. 349, 359 (1978).
IT IS, THEREFORE, BY THE COURT ORDERED that plaintiff's application to proceed in forma pauperis is granted.
IT IS BY THE COURT FURTHER ORDERED that all relief is denied, and that plaintiff's complaint is dismissed.
The clerk is directed to mail copies of this order to the pro se plaintiff.
BY THE COURT IT IS SO ORDERED.