McKinney v. State of Okl., Dept. of Human Services, Shawnee OK, OK--U

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore LOGAN, MOORE and BALDOCK; BALDOCK
Citation925 F.2d 363
PartiesRobert Dale McKINNEY, Plaintiff-Appellant, v. STATE of OKLAHOMA, DEPARTMENT OF HUMAN SERVICES, SHAWNEE,nknown names representing McKinney Children; Ken Cadaret, Director of Health Services; Billie Clark; John G. Canavan, Jr.; Bill Roberson, District Attorney of Pottawatomie County; Pottawatomie County Board of County Commissioners, Defendants-Appellees.
Docket NumberOK--U,No. 90-6282
Decision Date08 February 1991

Page 363

925 F.2d 363
18 Fed.R.Serv.3d 1255
Robert Dale McKINNEY, Plaintiff-Appellant,
v.
STATE of OKLAHOMA, DEPARTMENT OF HUMAN SERVICES, SHAWNEE,
OK--Unknown names representing McKinney Children; Ken
Cadaret, Director of Health Services; Billie Clark; John
G. Canavan, Jr.; Bill Roberson, District Attorney of
Pottawatomie County; Pottawatomie County Board of County
Commissioners, Defendants-Appellees.
No. 90-6282.
United States Court of Appeals,
Tenth Circuit.
Feb. 8, 1991.

Page 364

Submitted on the Briefs *

Robert Dale McKinney, pro se.

William D. Simpson, Asst. Dist. Atty., Pottawatomie County, Shawnee, Okl., Jonna S. Geitgey, Asst. Gen. Counsel, Dept. of Human Services, Oklahoma City, Okl., for defendants-appellees.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff-appellant Robert Dale McKinney appeals pro se from the dismissal of his 42 U.S.C. Sec. 1983 civil rights complaint pursuant to 28 U.S.C. Sec. 1915(d). He also seeks leave to proceed on appeal in forma pauperis, the district court having denied his petition to appeal in forma pauperis. See 10th Cir.R. 24.1.

Plaintiff sought $360,000 in damages against state, tribal and county officials for alleged civil rights violations arising out of his felony conviction and a juvenile proceeding involving his minor children. The district court held that the eleventh amendment barred plaintiff from proceeding against the Oklahoma Department of Human Services. U.S. Const. Am. XI. It also found that his allegations against the remaining defendants were "frivolous, improper and totally void of merit" and dismissed the entire action pursuant to 28 U.S.C. Sec. 1915(d). See McKinney v. State of Okla., No. CIV-90-488-W, unpub. order at 2, 4 (W.D.Okla. June 25, 1990).

"Any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal ... without prepayment of fees and costs ... by a person who makes affidavit that he is unable to pay such costs or gives security therefor." 28 U.S.C. Sec. 1915(a). However, a court also "may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious." 28 U.S.C. Sec. 1915(d). In Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) the Supreme Court explained that this section

accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the

Page 365

complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless. Examples of the former class are claims against which it is clear that the defendants are immune from suit, see, e.g., Williams v. Goldsmith, 701 F.2d 603 (7th Cir.1983), and claims of infringement of a legal interest which clearly does not exist.... Examples of the latter class are claims describing fantastic or delusional scenarios, claims with which federal district judges are all too familiar.

Id. at 327-28, 109 S.Ct. at 1833.

Dismissals under Sec. 1915(d) are...

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747 practice notes
  • Quintana v. Core Civic (C.C.A.), No. CIV 18-0233 JB/GJF
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 30 Noviembre 2020
    ...on the facts alleged." Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991) (quoting McKinney v. Oklahoma Dep't of Human Services, 925 F.2d 363, 365 (10th Cir. 1991) ). A plaintiff 504 F.Supp.3d 1233 must allege "enough facts to state a claim to relief that is plausible on its face." Bell ......
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 31 Julio 2019
    ...his complaint would be futile." Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991) (quoting McKinney v. Okla. Dep't of Human Servs., 925 F.2d 363, 365 (10th Cir. 1991) ). A plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. T......
  • Owens v. State, Case No. 11-4007-EFM
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • 10 Mayo 2011
    ...futile.' " Mavrovich v. Vanderpool, 427 F. Supp. 2d 1084, 1089 (D. Kan. 2006) (quoting McKinney v. State of Okla. Dep't of Human Servs., 925 F.2d 363, 365 (10th Cir. 1991)). In addition to the claims discussed above, it appears that Plaintiffs may also be attempting to assert claims under t......
  • Johnson v. Spencer, No. 17-8089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 13 Febrero 2020
    ...Capital Fund, LLC , 749 F.3d 1180, 1190 (10th Cir. 2014) (alterations in original) (quoting McKinney v. Okla. Dep’t of Human Servs. , 925 F.2d 363, 365 (10th Cir. 1991) ); see id. (rejecting the argument "that the dismissal decision was premature because the district court granted defendant......
  • Request a trial to view additional results
749 cases
  • Quintana v. Core Civic (C.C.A.), No. CIV 18-0233 JB/GJF
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 30 Noviembre 2020
    ...on the facts alleged." Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991) (quoting McKinney v. Oklahoma Dep't of Human Services, 925 F.2d 363, 365 (10th Cir. 1991) ). A plaintiff 504 F.Supp.3d 1233 must allege "enough facts to state a claim to relief that is plausible on its face." Bell ......
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 31 Julio 2019
    ...his complaint would be futile." Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991) (quoting McKinney v. Okla. Dep't of Human Servs., 925 F.2d 363, 365 (10th Cir. 1991) ). A plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. T......
  • Owens v. State, Case No. 11-4007-EFM
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • 10 Mayo 2011
    ...futile.' " Mavrovich v. Vanderpool, 427 F. Supp. 2d 1084, 1089 (D. Kan. 2006) (quoting McKinney v. State of Okla. Dep't of Human Servs., 925 F.2d 363, 365 (10th Cir. 1991)). In addition to the claims discussed above, it appears that Plaintiffs may also be attempting to assert claims under t......
  • Johnson v. Spencer, No. 17-8089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 13 Febrero 2020
    ...Capital Fund, LLC , 749 F.3d 1180, 1190 (10th Cir. 2014) (alterations in original) (quoting McKinney v. Okla. Dep’t of Human Servs. , 925 F.2d 363, 365 (10th Cir. 1991) ); see id. (rejecting the argument "that the dismissal decision was premature because the district court granted defendant......
  • Request a trial to view additional results

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