Austin Edward Lightfeather v. Matthew Pavey and Cody Miller, Corporal

No. 8:23CV214 (D. Neb. Dec. 22, 2025) · United States District Court for the District of Nebraska · December 22, 2025 · No. 8:23-cv-00214

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

  1. The amended complaint plausibly stated an Eighth Amendment failure-to-protect claim against Corporal Miller, and that claim could proceed to service of process.
  2. 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.
  3. 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.
  4. Matthew Pavey was dismissed without prejudice because Lightfeather did not seek any available relief against him.
  5. The court denied Lightfeather's motion seeking relief in unrelated cases and relief unavailable in this § 1983 action.

Questions Presented

  1. Whether the amended complaint plausibly stated an Eighth Amendment failure-to-protect claim against Corporal Miller.
  2. Whether Lightfeather could obtain injunctive relief against defendants sued only in their individual capacities.
  3. Whether Lightfeather could recover compensatory damages for a possible future death or other injury that had not occurred.
  4. Whether the complaint stated a claim for available relief against inmate Matthew Pavey.
  5. 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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