Donald Powell v. Ruth Ann Dickerson et al.

Summary

The United States District Court for the Eastern District of Missouri grants Donald Powell leave to proceed in forma pauperis and assesses an initial partial filing fee of $1.00. The court dismisses without prejudice Powell’s 42 U.S.C. § 1983 claims against Cape Girardeau County officials because he sued them only in their official capacities and did not plausibly allege a county policy, custom, or failure to train, and denies appointment of counsel as moot.

Holdings

1. Official-capacity claims against county employees are claims against the governmental entity, and the plaintiff must plausibly allege that a county policy, widespread custom, or deliberately indifferent failure to train caused the constitutional violation. Powell's allegation that the jail failed to accommodate his injuries, without more, did not plausibly allege such a policy, custom, or failure to train.
2. When a complaint expressly designates defendants as sued in their official capacities only, the court will not construe the complaint as asserting individual-capacity claims on the plaintiff's behalf.
3. The action must be dismissed 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 Powell's official-capacity § 1983 claims plausibly alleged that a Cape Girardeau County policy, widespread custom, or deliberately indifferent failure to train caused the alleged constitutional violations.
2. Whether the court could construe Powell's complaint as asserting individual-capacity claims despite his express designation of the defendants in their official capacities only.
3. Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.

Disposition

dismissed