Opinion

Whitfield v. The Federal Government

Court
District Court, E.D. Missouri
Filed
Oct 7, 2024
Cited by
0 cases
Authority
More cited than 31.5%

federal courts not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”

How later courts described this case

  • federal courts not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”
  • “Bivens and its progeny do not waive sovereign immunity for actions against the United States; it implies a cause of action only against federal officials”
  • court not required to “accept as true any legal conclusion couched as a factual allegation”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

JAQUAN WHITFIELD, )

)

Plaintiff, )

v. ) No. 4:24-CV-00115 SEP

)

THE FEDERAL GOVERNMENT, )

)

Defendant. )

MEMORANDUM AND ORDER

Before the Court is Plaintiff Jaquan Whitfield’s Amended Complaint. Doc. [6]. Having

determined that the Amended Complaint fails to state a claim upon which relief may be granted,

the Court will dismiss this action without prejudice. See 28 U.S.C. § 1915(e)(2)(B).

LEGAL STANDARD ON INITIAL REVIEW

Under 28 U.S.C. § 1915(e)(2), the Court is required to dismiss a complaint filed in forma

pauperis if it is frivolous or malicious, or if it fails to state a claim upon which relief can be

granted. To state a claim under 42 U.S.C. § 1983, a plaintiff must demonstrate a plausible claim

for relief, which is more than a “mere possibility of misconduct.” Ashcroft v. Iqbal, 556 U.S.

662, 679 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that

allows the court to draw the reasonable inference that the defendant is liable for the misconduct

alleged.” Id. at 678. “Determining whether a complaint states a plausible claim for relief” is “a

context-specific task that requires the reviewing court to draw on its judicial experience and

common sense.” Id. at 679. The Court must “accept as true the facts alleged, but not legal

conclusions or threadbare recitals of the elements of a cause of action, supported by mere

conclusory statements.” Barton v. Taber, 820 F.3d 958, 964 (8th Cir. 2016); see also Brown v.

Green Tree Servicing LLC, 820 F.3d 371, 372-73 (8th Cir. 2016) (court not required to “accept

as true any legal conclusion couched as a factual allegation”).

When reviewing a pro se complaint under 28 U.S.C. § 1915(e)(2), the Court must give it

the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). A “liberal

construction” means that, “if the essence of an allegation is discernible . . . then the district court

should construe the complaint in a way that permits the layperson’s claim to be considered

within the proper legal framework.” Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015)

(quoting Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004)). But even pro se complaints must

“allege facts, which if true, state a claim as a matter of law.” Martin v. Aubuchon, 623 F.2d

1282, 1286 (8th Cir. 1980); see also Stone, 364 F.3d at 914-15 (federal courts not required to

“assume facts that are not alleged, just because an additional factual allegation would have

formed a stronger complaint”). And “procedural rules in ordinary civil litigation” need not be

“interpreted so as to excuse mistakes by those who proceed without counsel.” See McNeil v.

United States, 508 U.S. 106, 113 (1993).

BACKGROUND

Plaintiff Jaquan Whitfield, a pretrial detainee housed at St. Louis County Justice Center

in Clayton, Missouri, filed an initial complaint in this action on January 23, 2024. Doc. [1].

Plaintiff filed the complaint pursuant to 42 U.S.C. § 1983 against the Federal Government, Chad

Nixson (Jail Administrator, Pemiscot County Jail in Caruthersville, Missouri); Scott Spurlock

(Director, Pulaski County Jail in Ulin, Illinois); Jason Woosley (Director, Grayson County Jail in

Litchfield, Kentucky); Tommy Greenwell (Sheriff, Pemiscot County Jail in Caruthersville,

Missouri); and Robert Helman (Chairman, Pulaski County Jail in Ulin, Illinois). Plaintiff sued

Defendants in their individual capacities only.

The Court ordered Plaintiff, on September 13, 2024, to amend his complaint to address

certain defects. See Doc. [5]. For example, Plaintiff asserted that his due process rights were

violated when he was held “illegally” in Pemiscot County Jail by Defendants Nixson and

Greenwell from June through December of 2021, during which time he was not adequately

treated for Crohn’s Disease. Doc. [1] at 5. But Plaintiff failed to indicate how Nixson and

Greenwell were responsible for the alleged illegality of his detention or for any purported

deliberate indifference to his serious medical needs.

THE AMENDED COMPLAINT

Plaintiff filed an amended complaint in this matter on September 30, 2024. Doc. [6].

The sole named Defendant in the Amended Complaint is the Federal Government, i.e., the

United States of America. Id. at 2. Plaintiff states that he is suing the Federal Government in its

official capacity. Id.

Plaintiff alleges that the Federal Government violated his due process rights under the

Fifth and Fourteenth Amendments by “neglect[ing] [his] chronic illness” of Crohn’s Disease. Id.

at 4. He asserts in conclusory fashion that each facility he was housed in neglected him

medically in relation to his chronic illness. Id. But he fails to articulate what the Federal

Government did to cause medical neglect of his chronic medical issues. Plaintiff also asserts in

conclusory fashion that the “federal government also violated my due process on other

reasonable charges I am facing and still facing to this day because of the two years in federal

custody.” Id. at 6.

Plaintiff seeks monetary damages in an amount of eight million dollars. Id. at 8.

Discussion

Plaintiff filed this action on a Court-provided form for bringing allegations pursuant to

42 U.S.C. § 1983, a statute that provides a “broad remedy for violations of federally protected

civil rights.” Monell v. Department of Social Services, 436 U.S. 658, 685 (1978). To state a

claim under 42 U.S.C. § 1983, a plaintiff must establish: (1) the violation of a right secured by

the Constitution or laws of the United States, and (2) that the alleged deprivation of that right

was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48

(1988). Plaintiff here does not allege that any particular person violated his federally protected

rights while acting under color of state law.1 His § 1983 claim thus lacks an essential element.

In case Plaintiff intends to sue Attorney General Merrick Garland and not the Federal

Government as a whole, the Court has considered whether the Amended Complaint states a valid

claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388

(1971). It does not. The Amended Complaint does not assert a cause of action that the Supreme

Court has previously recognized under Bivens, and expanding Bivens is “now a ‘disfavored’

judicial activity.” Ziglar v. Abbasi, 582 U.S. 120, 121 (2017) (quoting Iqbal, 556 U.S. at 675).

And even if this case was the type for which a Bivens remedy was available, it would be

dismissed. The Court must assume that Plaintiff sues Attorney General Garland in his official

capacity; an official capacity Bivens suit is effectively a suit against the United States; and a

Bivens action cannot be prosecuted against the United States due to sovereign immunity. Buford

1 Plaintiff also neglects to identify specific individuals at federal facilities who allegedly failed to provide

adequate medical care for his chronic illness. Liability under § 1983 is personal. See Frederick v.

Motsinger, 873 F.3d 641, 646 (8th Cir. 2017). “Government officials are personally liable only for their

own misconduct.” S.M. v. Krigbaum, 808 F.3d 335, 340 (8th Cir. 2015). Accordingly, § 1983 liability

“requires a causal link to, and direct responsibility for, the deprivation of rights.” Mayorga v. Missouri,

442 F.3d 1128, 1132 (8th Cir. 2006) (quoting Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990)).

Plaintiff’s failure to connect a specific defendant to the alleged deliberate indifference to his serious

medical needs is fatal to his claim for relief.

Runyon, 160 F.3d 1199, 1203 (8th Cir. 1998); see also Laswell v. Brown, 683 F.2d 261, 268

(8th Cir. 1982) (“Bivens and its progeny do not waive sovereign immunity for actions against the

United States; it implies a cause of action only against federal officials”).

For the foregoing reasons, the Amended Complaint fails to state a claim upon which

relief may be granted. This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).

Accordingly,

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A

separate Order of Dismissal will be entered herewith.

IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in

good faith.

Dated this 7“ day of October, 2024.

ALL Mee

SARAH E. PITLYK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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