Porter v. East St. Louis Police Department, and Sam Unknown, Midwest Towing Driver

Summary

The court denied Annette Porter’s motion to proceed in forma pauperis and dismissed her § 1983 complaint without prejudice. The court found that Porter had not provided sufficient information to establish indigency and that her claims against the East St. Louis Police Department and a private towing driver failed to state a claim. Porter was granted leave to file an amended complaint and a new in forma pauperis motion by February 4, 2026.

Holdings

1. The court could not conclude that Porter was unable to pay the filing fee because her motion did not identify the amount of her disability or workers’ compensation income and did not disclose her vehicle as an asset.
2. The East St. Louis Police Department is not a suable entity under § 1983, so Porter failed to state a claim against it.
3. Porter failed to state a § 1983 claim against the towing driver because merely towing her vehicle at the direction of police did not establish action under color of state law.

Questions Presented

1. Whether Porter provided sufficient financial information to establish that she was unable to pay the filing fee and therefore qualified to proceed in forma pauperis.
2. Whether the East St. Louis Police Department is a suable entity under 42 U.S.C. § 1983.
3. Whether Porter sufficiently alleged that the private towing driver acted under color of state law for purposes of a § 1983 claim.

Disposition

dismissed