D’Andre Whitley v. Devon M. Goforth, et al.

Summary

The United States District Court for the Eastern District of Missouri granted D’Andre Whitley’s application to proceed without prepaying fees and assessed an initial partial filing fee of $59.97. The court dismissed his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B), holding that the Prison Litigation Reform Act barred recovery for alleged emotional and mental distress absent a physical injury. The complaint concerned alleged denial of restroom access and a resulting conduct violation at Northeast Correctional Center.

Holdings

1. The complaint failed to state a claim for damages because Plaintiff alleged no physical injury and sought recovery for emotional and mental distress arising from the alleged confinement conditions.
2. The court was required to dismiss the complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether the complaint stated an actionable claim under 42 U.S.C. § 1983 despite Plaintiff's allegation that he suffered only emotional and mental distress.
2. Whether 42 U.S.C. § 1997e(e) barred recovery of damages because Plaintiff alleged no physical injury or sexual act.
3. Whether the court should grant Plaintiff leave to proceed in forma pauperis and assess an initial partial filing fee.