Demorion Little v. Angie Danis, et al.

Summary

The United States District Court for the Eastern District of Missouri grants Demorion Little leave to proceed in forma pauperis and assesses an initial partial filing fee of $1.00. The court dismisses his claims without prejudice under 28 U.S.C. § 1915(e)(2)(B), holding that his official-capacity Bivens claims against an Assistant United States Attorney and the United States are barred by sovereign immunity. The court denies his motion for appointment of counsel as moot.

Holdings

1. A Bivens action against a federal official in her official capacity is treated as an action against the United States, and sovereign immunity bars the action absent a waiver. Because Plaintiff identified no waiver of sovereign immunity, his claims against the defendants were dismissed.
2. The complaint failed to state a claim upon which relief could be granted and was dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B).
3. A prisoner proceeding in forma pauperis must pay the full filing fee, and the court assessed an initial partial filing fee of $1.00 because Plaintiff did not submit a prison account statement.

Questions Presented

1. Whether a Bivens or § 1983 damages action may proceed against a federal prosecutor sued solely in her official capacity and against the United States absent a waiver of sovereign immunity.
2. Whether the complaint stated a plausible claim for relief under the in forma pauperis screening statute, 28 U.S.C. § 1915(e)(2).
3. Whether Plaintiff was entitled to proceed without prepaying the filing fee and what initial partial filing fee should be assessed when he failed to provide a prison account statement.

Disposition

dismissed