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Reichert v. Abbott

United States District Court, D. Maine

July 9, 2019

ROBROY REICHERT, Plaintiff
v.
HAROLD ABBOTT, JR., et al., Defendants

          RECOMMENDED DECISION AFTER REVIEW OF PLAINTIFF'S COMPLAINT

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE.

         In this action, Plaintiff, an inmate in the custody of the Maine Department of Corrections at the Maine State Prison, seeks to recover damages allegedly resulting from Defendant's management of an issue that arose during an education class in which Plaintiff was enrolled. (Complaint, ECF No. 1.)

         Plaintiff filed an application to proceed in forma pauperis (ECF No. 3), which application the Court granted. (ECF No. 5.) In accordance with the in forma pauperis statute, a preliminary review of Plaintiff's complaint is appropriate. 28 U.S.C. § 1915(e)(2). Additionally, Plaintiff's complaint is subject to screening “before docketing, if feasible or … as soon as practicable after docketing, ” because he is “a prisoner seek[ing] redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a).

         Following a review of the Plaintiff's complaint, I recommend the Court dismiss the matter.

         Standard of Review

         The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure meaningful access to the federal courts for those persons unable to pay the costs of bringing an action. When a party is proceeding in forma pauperis, however, “the court shall dismiss the case at any time if the court determines, ” inter alia, that the action is “frivolous or malicious” or “fails to state a claim on which relief may be granted” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Neitzke v. Williams, 490 U.S. 319, 324 (1989).

         In addition to the review contemplated by § 1915, Plaintiff's complaint is subject to screening under the Prison Litigation Reform Act because Plaintiff currently is incarcerated and seeks redress from governmental entities and officers. See 28 U.S.C. § 1915A(a), (c). The § 1915A screening requires courts to “identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim ….” 28 U.S.C. § 1915A(b).

         When considering whether a complaint states a claim for which relief may be granted, courts must assume the truth of all well-plead facts and give the plaintiff the benefit of all reasonable inferences therefrom. Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 12 (1st Cir. 2011). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).

         Although a pro se plaintiff's complaint is subject to “less stringent standards than formal pleadings drafted by lawyers, ” Haines v. Kerner, 404 U.S. 519, 520 (1972), this is “not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a claim, ” Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980). To allege a civil action in federal court, it is not enough for a plaintiff merely to allege that a defendant acted unlawfully; a plaintiff must affirmatively allege facts that identify the manner by which the defendant subjected the plaintiff to a harm for which the law affords a remedy. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

         Factual Background[1]

         Plaintiff alleges that on November 7, 2017, he experienced what he described as a mental breakdown while in an education class taught by Defendant Jennifer Jenkins. (Complaint at 3.) According to Plaintiff, on December 1, 2017, he was prescribed “stronger” medication for anxiety, stress, depression and post-traumatic stress disorder he experienced after he was accused of stalking Defendant Jenkins. (Id.) Plaintiff asserts he subsequently filed a grievance to which he received no formal response.

         Plaintiff seeks to recover for defamation and the violation of his Eighth Amendment rights. (Id.) Plaintiff asks for damages and injunctive relief.

         Discussion

         A. Eighth ...


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