Thomas Harrismosby v. Antwan Harris, et al.

Summary

The United States District Court for the Northern District of Ohio dismissed pro se prisoner Thomas Harrismosby’s complaint concerning his inability to access or retrieve JPay messages containing music sent to Antwan Harris. The court held that the complaint failed to state a plausible federal civil rights claim because it did not allege deprivation of a constitutional right or action by a person subject to suit under 42 U.S.C. § 1983. The court also granted in forma pauperis status and certified that an appeal could not be taken in good faith.

Holdings

1. The complaint failed to state a plausible federal civil-rights claim and was subject to dismissal under 28 U.S.C. §§ 1915(e) and 1915A.
2. Prisoners have a constitutional right to communicate with persons outside their facilities, but do not have a constitutional right to select email as their preferred form of communication or to require prison officials to retrieve or access email communications on demand.
3. The complaint failed to identify a proper person subject to suit under § 1983.

Questions Presented

1. Whether the complaint stated a plausible claim under 42 U.S.C. § 1983 based on the alleged inability to access or retrieve JPay email communications.
2. Whether the complaint alleged deprivation of a constitutional right, including a First Amendment right to access email or require prison officials to retrieve email communications on demand.
3. Whether the named defendants were persons subject to suit under 42 U.S.C. § 1983 and whether the alleged private conduct was fairly attributable to the state.

Disposition

dismissed