Marcus Collier v. Deandre Coder, et al.

Summary

The court grants Marcus Collier leave to proceed in forma pauperis and assesses the applicable filing fee under the Prison Litigation Reform Act. On initial review, the court allows his Eighth Amendment excessive-force claim to proceed against correctional officers Deandre Carter and Joshua Gather, dismisses the Tennessee Department of Correction, denies appointment of counsel as premature, and grants his motions to ascertain status.

Holdings

1. The amended complaint plausibly alleged that the force used and injuries sustained were sufficiently serious and that some of the officers' actions may have been malicious or unnecessary; the excessive-force claim against Carter and Gather therefore may proceed for factual development.
2. TDOC is an arm of the State of Tennessee and is not a person subject to suit under § 1983 in its own name; TDOC was dismissed.
3. Dismissal of the disciplinary charge is not available relief under § 1983 on the allegations presented.

Questions Presented

1. Whether the amended complaint plausibly alleged an Eighth Amendment excessive-force claim against Carter and Gather.
2. Whether the Tennessee Department of Correction is a proper defendant under 42 U.S.C. § 1983.
3. Whether dismissal of Collier's disciplinary assault-on-staff charge is available relief under § 1983.
4. Whether Collier should be permitted to proceed in forma pauperis and whether counsel should be appointed at the pleading stage.

Disposition

other