Spearman v. La Superior

Summary

The court screens a former prisoner’s 42 U.S.C. § 1983 complaint alleging that a La Superior supermarket employee assaulted him. The magistrate judge concludes that the defendants are not alleged to be state actors, that the plaintiff is subject to the three-strikes provision of 28 U.S.C. § 1915(g), and recommends dismissal without leave to amend and denial of in forma pauperis status.

Holdings

1. The complaint failed to state a cognizable § 1983 claim because it did not allege that La Superior or its employee acted under color of state law.
2. Plaintiff could proceed in forma pauperis only if he showed that he was in imminent physical danger, and the complaint did not make that showing because its allegations were non-cognizable.
3. Dismissal without leave to amend was appropriate because plaintiff could not state a cognizable § 1983 claim without changing the fundamental nature of his allegations.

Questions Presented

1. Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983 when it alleged assault by a private supermarket employee without alleging state action.
2. Whether plaintiff could proceed in forma pauperis despite being a three-striker under 28 U.S.C. § 1915(g).
3. Whether the complaint should be dismissed without leave to amend.

Disposition

other