James Kwmae’ Battee v. Trevor Foley, et al.

Summary

The court grants James Kwmae’ Battee leave to proceed in forma pauperis and assesses an initial partial filing fee of $16.40. After screening the § 1983 complaint, the court permits service of Battee’s individual-capacity Eighth Amendment excessive-force claim against Damian Austin, while dismissing without prejudice the official-capacity claim against Austin and the due-process claims against Trevor Foley and Clay Stanton. The court also denies Battee’s motion for appointment of counsel without prejudice.

Holdings

1. Plaintiff stated a plausible Eighth Amendment excessive-force claim because he alleged that Austin pepper-sprayed him without warning and then punched him in the face with sufficient force to knock him unconscious.
2. Plaintiff's official-capacity claims were dismissed because a state and state officials acting in their official capacities are not persons subject to a damages action under § 1983, and official-capacity damages claims are barred by the Eleventh Amendment.
3. Plaintiff failed to state a Fourteenth Amendment due process claim because approximately three months in administrative segregation, even if imposed without cause because of paperwork errors or an incomplete investigation, did not constitute an atypical and significant hardship under controlling Eighth Circuit precedent.
4. Appointment of counsel was not warranted at that stage and was denied without prejudice.

Questions Presented

1. Whether Plaintiff plausibly alleged that Damian Austin used excessive force in violation of the Eighth Amendment.
2. Whether Plaintiff stated a Fourteenth Amendment due process claim based on approximately three months in administrative segregation and alleged investigation and paperwork errors.
3. Whether official-capacity claims for damages against Missouri correctional employees are cognizable under 42 U.S.C. § 1983.
4. Whether appointment of counsel was warranted at the initial stage of the civil action.
5. What initial partial filing fee should be assessed under 28 U.S.C. § 1915(b)(1).

Disposition

other