Easton Lloyd Mercy v. Weston Bettelyoun

Summary

The court grants Easton Lloyd Mercy leave to proceed in forma pauperis and conducts screening under 28 U.S.C. § 1915A. Mercy’s Eighth Amendment sexual-assault claim against a correctional officer in his official capacity is dismissed without prejudice because he does not allege that a Pennington County policy or custom caused the violation. The court permits Mercy 30 days to file an amended complaint, denies his motions to appoint counsel, and denies his request for an ex parte hearing.

Holdings

1. The official-capacity claim failed to state a claim because it was treated as a claim against Pennington County, and Mercy did not allege that a county policy or custom caused the alleged Eighth Amendment violation.
2. Mercy was granted leave to proceed in forma pauperis, and the initial partial filing fee was waived because he had no assets or means to pay it.
3. The motions to appoint counsel were denied because the claims did not appear complex and Mercy appeared capable of investigating and presenting them at that stage.

Questions Presented

1. Whether Mercy stated an actionable § 1983 claim against Bettelyoun in his official capacity without alleging that a Pennington County policy or custom caused the constitutional violation.
2. Whether Mercy should be granted leave to proceed in forma pauperis and have the initial partial filing fee waived.
3. Whether Mercy's motions to appoint counsel and for an ex parte hearing should be granted.

Disposition

other