Davidson v. Stringer
| Decision Date | 10 January 2022 |
| Docket Number | 4:21-CV-931 NCC |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | DEAN BRYAN DAVIDSON, Plaintiff, v. MARK STRINGER, et al., Defendants. |
This matter is before the Court on the motion of plaintiff Dean Bryan Davidson for leave to commence this civil action without prepayment of the required filing fee. Having reviewed the motion and the financial information submitted in support, the Court finds that it should be granted. See 28 U.S.C. § 1915(a)(1). Additionally, for the reasons discussed below, this action will be dismissed without prejudice. See 28 U.S.C. § 1915(e)(2)(B).
Under 28 U.S.C. § 1915(e)(2), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous malicious, or 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 upon 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) ().
When reviewing a pro se complaint under § 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, the district court should construe the plaintiff's complaint in a way that permits his or her claim to be considered within the proper legal framework. Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015). However, even pro se complaints are required to allege facts which, if true, state a claim for relief as a matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). See also Stone v. Harry, 364 F.3d 912, 914-15 (8thCir. 2004) ( that federal courts are not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”). In addition, affording a pro se complaint the benefit of a liberal construction does not mean that procedural rules in ordinary civil litigation must be interpreted so as to excuse mistakes by those who proceed without counsel. See McNeil v. United States, 508 U.S. 106, 113 (1993).
Plaintiff is a self-represented litigant who is currently committed to the Southeast Missouri Mental Health Center (SMMHC) in Farmington, Missouri. He brings this action pursuant to 42 U.S.C. § 1983. His complaint names Missouri Department of Mental Health Director Mark Stringer; Chief Operating Officer of the SMMHC Denise Hacker; Denise Boyd; Sonya Gammon; Stephanie Hintz; Dewane Robertson; Jaime Walley; Janet Latty; the State of Missouri; Cathy Unknown; and the Fulton State Hospital (FSH). Defendants are sued in their individual and official capacities.
Plaintiff's Statement of Claim alleges as follows:
Denise Boyd was the first to tell me that they had been opening, reading & then disposing of my mail here. But before that was F.S.H., et al. And she said that they had been doing it since instructed by my former Guardian, others at SM.M.H.C. that may have tampered are on list of defendants. It kept me from learning about what medication lowered my sodium for 6 years that almost killed me in 2007. And I've been unlawfully confined against Guardian's will to have me discharged when I'm voluntary by Guardian since M.D.M.H. is keeping me Mark Stringer the Director of Mo. Dept. of Mental Health is a defendant.
They've violated my 1st Amendment of freedom of communication and the right to assemble and petition. And then the 5th Amendment due process of law, the right to compensation for time taken, loss of life, Miranda rights, Miranda 1966 Act. Also the 8th to be freedom wanton, cruel, unusual punishment and reasonable access to the courts. And the 14th Amendment equal protection under the law & procedural due process not to be deprived of life, liberty and property, etc.
Plaintiff states his belief that he is entitled to “restitution of compensation.” He states that he also wishes to have his “independence” back.
He additionally claims that because, in 2007, he was kept from filing a lawsuit relating to taking desmopressin, which he believes was dangerous, he is entitled to $3, 000, 000 in damages. Plaintiff also wishes to sue the doctor who prescribed him desmopressin, Dr. Sternberg, for “medical negligence, ” for $1, 000, 000.
On July 21, 2017, plaintiff filed an action against Southeast Missouri Mental Health Center, Denise Boyde and Fulton State Hospital in this Court pursuant to 42 U.S.C. § 1983. Davidson v. Southeast Mental Health Center, No 4:17-CV-2076 RLW (E.D.Mo). In his complaint, plaintiff asserted: (1) he had been wrongfully detained; (2) “staff” had opened and read his legal mail at the mental health center and at Fulton State Hospital (including that social worker Denise Boyde had read his general mail); (3) he had been slandered and humiliated religiously; and (4) his reputation as an ordained minister had been ruined. The District Court dismissed the action on August 23, 2017, pursuant to 28 U.S.C. § 1915(e)(2)(B). The Eighth Circuit Court of Appeals dismissed plaintiff's appeal for lack of jurisdiction on July 19, 2018. Davidson v. Southeast Missouri Mental Center, No. 18-2208 (8th Cir. 2018).
On July 21, 2017, plaintiff filed an action against Southeast Missouri Mental Health Center, Denise Boyde, Dewane Robertson, Sonya Gammon and Cherrie McCord in this Court pursuant to 42 U.S.C. § 1983. Davidson v. Southeast Mental Health Center, No. 4:17-CV-2078 ACL (E.D.Mo). In his complaint, plaintiff asserted: (1) he was being held at the mental health center illegally because he was “not a psychotic;” (2) officials were discriminating against him based on his Native American heritage; (3) defendants were confiscating his mail which has resulted in the dismissal of his legal cases, including the loss of patents worth thousands of dollars; and (4) his reputation as an ordained minister had been damaged. The District Court dismissed the action on July 31, 2017, pursuant to 28 U.S.C. § 1915(e)(2)(B). The Eighth Circuit Court of Appeals dismissed plaintiff's appeal for lack of jurisdiction on July 19, 2018. Davidson v. Southeast Missouri Mental Center, No. 18-2227 (8th Cir. 2018).
On August 11, 2017, plaintiff filed an action against Jaimie Walker, Jannet Latty, Karen Dastle, Jermie Wisdom, and Dr. Sternberger pursuant to 42 U.S.C. § 1983 in the United States District Court for the Western District of Missouri. Davidson v. Walker, No. 2:17-CV-4147 FJG (W.D.Mo). In his complaint, plaintiff asserted: (1) he was misdiagnosed as incapacitated in 2007 due to side effects of a medication called desmopressin; (2) Dr. Sternberg committed malpractice by failing to report he was taking desmopressin to the trauma center, thus he was prescribed desmopressin again and it lowered his sodium; and (3) he should be granted release from the Missouri Department of Mental Health due to the fact that he was no longer taking desmopressin; and (4) defendants Hacker, Waller, Latty, Gammon, Hintz and Robertson may or may not have tampered with his mail. The District Court dismissed the action on August 23, 2017, pursuant to 28 U.S.C. § 1915(e)(2)(B).
On January 22, 2018, plaintiff filed an action against Fulton State Hospital, Southeast Missouri Mental Health Center, Stephen Hawke and Denise Boyde in this Court pursuant to 42 U.S.C. § 1983. Davidson v. Fulton State Hospital, No. 4:18-CV-103 RLW (E.D.Mo.). In his complaint, plaintiff asserted: (1) he was being wrongfully detained; (2) staff may have opened and read his mail, including Denise Boyde, as well as (in 2010) nurses at Fulton State Hospital named Janette Latty and Jamie Waller; (3) he was slandered, ridiculed, and humiliated religiously; and (4) his reputation as an ordained minister was ruined. The District Court dismissed the action on January 29, 2018. The Eighth Circuit Court of Appeals affirmed the dismissal by the District Court on August 21, 2018. Davidson v. Fulton State Hospital, No. 18-1619 (8th Cir. 2018).
On February 9, 2018, plaintiff filed an action against Fulton State Hospital and Southeast Missouri Mental Health Center pursuant to 42 U.S.C. § 1983. Davidson v. Fulton State Hospital, No. 4:18-CV-247 RLW (E.D.Mo.). In his complaint, plaintiff asserted: (1) he was being wrongfully detained; (2) staff may have opened and read his mail possibly including mail to and from the patent office, making the patent office believe he had abandoned his inventions and costing him millions in royalties; (3) he was being kept in the mental health facility voluntarily by his guardian because of a brain injury, his religion and his Native American heritage; and (4) his reputation as an ordained minister had been ruined. The...
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