Horn v. Delatori

Summary

The United States District Court for the Southern District of California grants Jessie Ray-Lynn Horn leave to proceed in forma pauperis and assesses an initial partial filing fee of $58.19. The court dismisses without prejudice Horn’s 42 U.S.C. § 1983 excessive-force complaint against Correctional Officer Delatori under 28 U.S.C. §§ 1915(e)(2) and 1915A(b), finding that the allegations do not plausibly show force applied maliciously and sadistically to cause harm. The court grants Horn 45 days to file an amended complaint.

Holdings

1. Plaintiff was entitled to proceed in forma pauperis, subject to payment of an initial partial filing fee of $58.19 and the remaining $291.81 balance through monthly installments.
2. The complaint failed to plausibly allege that Defendant used force maliciously and sadistically to cause harm rather than in a good-faith effort to maintain or restore discipline.
3. The complaint was subject to dismissal without prejudice for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
4. Plaintiff was granted forty-five days to file an amended complaint curing the identified pleading deficiencies.

Questions Presented

1. Whether Plaintiff's complaint plausibly alleged an Eighth Amendment excessive-force claim under 42 U.S.C. § 1983.
2. Whether the complaint was subject to dismissal during mandatory prisoner screening under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
3. Whether Plaintiff should be granted leave to amend his pro se complaint.
4. Whether Plaintiff qualified to proceed in forma pauperis and owed an initial partial filing fee.

Disposition

other