Summary
The United States District Court for the District of Nebraska conducted an initial review of Austin Edward Lightfeather’s amended prisoner civil-rights complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A. The court dismissed claims for injunctive relief and speculative future damages, dismissed Matthew Pavey as a defendant, and allowed Lightfeather’s Eighth Amendment failure-to-protect claim against Corporal Cody Miller to proceed. The court also directed service of process by the United States Marshals Service and denied a pending motion seeking unrelated relief.
Holdings
- The amended complaint plausibly stated an Eighth Amendment failure-to-protect claim against Corporal Miller, and that claim could proceed to service of process.
- Lightfeather failed to state a claim for the requested injunctive relief because he sued the defendants in their individual capacities and did not allege that either defendant had authority to provide the requested prospective relief.
- Lightfeather could not recover compensatory damages for a possible future death or other injury that had not occurred; those requests were dismissed as frivolous or for failure to state a claim.
- Matthew Pavey was dismissed without prejudice because Lightfeather did not seek any available relief against him.
- The court denied Lightfeather's motion seeking relief in unrelated cases and relief unavailable in this § 1983 action.
Questions Presented
- Whether the amended complaint plausibly stated an Eighth Amendment failure-to-protect claim against Corporal Miller.
- Whether Lightfeather could obtain injunctive relief against defendants sued only in their individual capacities.
- Whether Lightfeather could recover compensatory damages for a possible future death or other injury that had not occurred.
- Whether the complaint stated a claim for available relief against inmate Matthew Pavey.
- Whether the court could grant the unrelated relief requested in Lightfeather's pending motion, including criminal charges, release from incarceration, removal from a sex-offender registry, and creation of a federal holiday.
Disposition
other
Cases Cited (34)
- Lightfeather v. McSwine, No. 8:22-cv-00238-JFB-PRSE (D. Neb.)(applied)
- Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848-49 (8th Cir. 2014)(applied)
- Hopkins v. Saunders, 199 F.3d 968, 973 (8th Cir. 1999)(applied)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 569-70 (2007)(applied)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(applied)
- Stone v. Harry, 364 F.3d 912, 915 (8th Cir. 2004)(applied)
- Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980)(applied)
- DuBose v. Kelly, 187 F.3d 999, 1002 (8th Cir. 1999)(applied)
- Hines v. Smith, No. 16-CV-3797, 2018 WL 7050674, at *3 (D. Minn. Dec. 20, 2018)(applied)
- Greenwalt v. Indiana Department of Corrections, 397 F.3d 587, 589 (7th Cir. 2005)(applied)
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