Summary
The United States District Court for the Eastern District of Pennsylvania grants Naguib Muhammad leave to proceed in forma pauperis and directs payment of the filing fee in installments. The court dismisses certain claims with prejudice and others without prejudice for failure to state a claim, while allowing excessive-force claims against four defendants to proceed to service. Muhammad is given 30 days to file an amended complaint or notify the court that he intends to stand on the original complaint.
Topics
Practice areas
Questions Presented
- Whether Muhammad qualified to proceed in forma pauperis and was required to pay the filing fee in installments.
- Whether the complaint stated claims that could proceed under the screening requirement of 28 U.S.C. § 1915(e)(2)(B)(ii).
- Whether the official-capacity, failure-to-investigate, and grievance-process-interference claims should be dismissed with prejudice.
- Whether the excessive-force claims arising from the July 28, 2025 incident against Piston, Harris, Patterson, and Grinivich could proceed to service.
- Whether Muhammad should be permitted to amend the complaint or instead stand on the complaint and risk final dismissal.
Holdings
- Muhammad may proceed in forma pauperis, but he remains responsible for paying the full $350 filing fee in installments under 28 U.S.C. § 1915(b), regardless of the outcome of the case.
- On screening under 28 U.S.C. § 1915(e)(2)(B)(ii), the complaint failed to state claims as to the official-capacity claims, failure-to-investigate claims, grievance-process-interference claims, and the balance of the complaint, while the specified excessive-force claims stated claims sufficient to proceed.
- The official-capacity claims, claims based on an alleged failure to investigate, and claims alleging interference with the grievance process were dismissed with prejudice.
- Muhammad's excessive-force claims against Piston, Harris, Patterson, and Grinivich arising from the July 28, 2025 incident passed statutory screening and may proceed to service.
- Muhammad may file a complete amended complaint within thirty days, or may notify the court that he intends to stand on the original complaint; if he does not respond, the court may infer that he intends to stand on the complaint and issue a final dismissal order.
Key quotations
“The excessive force claims asserted against Piston, Harris, Patterson, and Grinivich, based on the July 28, 2025 incident, pass statutory screening and may proceed to service.” (Order ¶ 5(c))
“The amended complaint shall be a complete document that does not rely on the initial Complaint or other papers filed in this case to state a claim.” (Order ¶ 6)
“If Muhammad does not wish to amend his Complaint and instead intends to stand on his Complaint as originally pled, he may file a notice with the Court within thirty (30) days of the date of this Order stating that intent, at which time the Court will issue a final order dismissing the case.” (Order ¶ 8)
Factual background
Muhammad, a prisoner at SCI Houtzdale, alleged that Sergeant Piston and other defendants used excessive force during an incident on July 28, 2025. He also asserted official-capacity claims and claims concerning alleged failures to investigate and interference with the grievance process. The court found that the excessive-force claims against Piston, Harris, Patterson, and Grinivich passed statutory screening, while the specified other claims did not.
Procedural history
Muhammad submitted a prisoner civil-rights complaint, motions to proceed in forma pauperis, and a prisoner trust-account statement. The district court granted in forma pauperis status and screened the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court dismissed official-capacity, failure-to-investigate, and grievance-process-interference claims with prejudice; dismissed the remaining claims without prejudice; allowed excessive-force claims arising from the July 28, 2025 incident against Piston, Harris, Patterson, and Grinivich to proceed; and gave Muhammad thirty days to amend or notify the court that he intended to stand on his complaint.