Rhodes v. Civil Commitment Unit for Sexual Offenders

Summary

The United States District Court for the Northern District of Iowa grants Troy Jay Rhodes’s motion to proceed in forma pauperis and permits his complaint to be docketed without payment of fees. The court concludes that the Civil Commitment Unit for Sexual Offenders is not a suable person under 42 U.S.C. § 1983 and that Rhodes has no constitutional right to purchase commissary-type items online. The complaint is dismissed for failure to state a claim, and the motion to appoint counsel is denied as moot.

Holdings

1. A person civilly committed under Iowa's sexually violent predator scheme is not a prisoner within the meaning of 28 U.S.C. § 1915(h), and therefore is not subject to the PLRA's prisoner fee-payment schedule.
2. CCUSO, as a department of the State of Iowa, is not a person amenable to suit under 42 U.S.C. § 1983.
3. A confined person has no constitutional right to access a commissary or to purchase particular items, including through online shopping; therefore, CCUSO's refusal to permit online purchases did not state a constitutional violation.

Questions Presented

1. Whether a person civilly committed to CCUSO is a prisoner subject to the PLRA's prisoner filing-fee payment provisions.
2. Whether CCUSO, a department of the State of Iowa, is a person subject to suit under 42 U.S.C. § 1983.
3. Whether the refusal to allow a civilly committed person to purchase commissary-type items online states a constitutional claim under § 1983.
4. Whether the complaint should be dismissed at initial review under 28 U.S.C. § 1915(e)(2).

Disposition

dismissed