Opinion
No. 4:15CV809 RLW
06-04-2015
JERMARSH ROBINSON, Plaintiff, v. STATE OF MISSOURI, Defendant.
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action under 42 U.S.C. § 1983. The motion is granted.
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. To state a claim for relief under § 1983, a complaint must plead more than "legal conclusions" and "[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere conclusory statements." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). A plaintiff must demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Plaintiff alleges that while he was detained at the St. Louis County Justice Center a correctional officer slammed his head "into concrete glass, and steel around 30 times." He claims that he suffered a concussion that lasted for months. He seeks $500 trillion in damages.
Title 42 U.S.C. § 1983 imposes liability on "persons." The State of Missouri is not a "person" for the purposes of § 1983. E.g., Will v. Michigan Dept of State Police, 491 U.S. 58, 71 (1989). As a result, the complaint is legally frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will accompany this Memorandum and Order.
Dated this 4th day of June, 2015.
/s/_________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE