United States District Court, D. South Dakota, Central Division
LEON D. FARLEE, Plaintiff,
SGT #79 LIZ, AT HUGES CO. JAIL IN HER INDIVIDUAL AND OFFICIAL CAPACITY; SGT #123 JESSE, AT HUGES CO. JAIL IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; AND NURSE NICHOLE, AT HUGES CO. JAIL IN HER INDIVIDUAL AND OFFICIAL CAPACITY; Defendants.
ORDER DIRECTING SERVICE
ROBERTO A. LANGE UNITED STATES DISTRICT JUDGE.
Leon D. Farlee was incarcerated at the Hughes County Jail in
Pierre, South Dakota. Doc. 1. Farlee filed a prose civil
rights lawsuit under 42 U.S.C. § 1983. Id.
Farlee also requested leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. Doc. 2. For the following
reasons, this Court grants Farlee's motion to proceed in
forma pauperis and directs service.
Facts Alleged in the Complaint
February 27, 2019, Farlee was booked into the Hughes County
Jail. Doc. 1 at 4. Farlee informed Defendants that he had
blood in his stool and a family history of colon cancer.
Id. Farlee also informed Defendants that he had an
appointment with Dr. Becker at Avera the next week to address
his concerns. Id. Defendants did not allow Farlee to
attend the appointment with Dr. Becker. Id.
April 5, 2019, Farlee asked Sgt. Jesse and Sgt. Liz to be
moved to the bottom tier of the jail. Id. at 6, 8.
Farlee's health was deteriorating and he felt unable to
climb the stairs safely, Id. Farlee's request
was denied despite available cells on the bottom tier.
Id. Farlee was informed that only medical staff
could transfer him to the first floor. Id. Farlee
then filed a request for the names and positions of medical
staff to file a lawsuit regarding medical care. Id.
at 6. This request was returned unanswered. Id. On
April 6, 2019, Farlee requested to be moved to the bottom
tier of the jail but his request was denied. Id. at
1. Farlee then asked Nurse Nichole to move him to the bottom
tier. Id. He explained that he felt "faint,
weak, and unable to make the climb due to loss of blood and
fatigue from pain and lack of sleep." Id. He
showed the nurse blood. Id. Nurse Nichole denied
Farlee's request. Id.
April 8, 2019, Farlee fell backwards, down seven stairs due
to a dizzy spell. Id. at 6, 8. Farlee required
emergency medical attention and was transported to the
emergency room. Id. Farlee injured his shoulder and
ribs during the fall. Id. at 9. After returning to
the jail, Defendants failed to provide Farlee pain medication
because they were out of pain medication. Id.
April 9, 2019, Farlee was in bed and needed help to get to
the toilet. Id. at 7. Farlee yelled for help for
thirty minutes. Id. No. helped arrived and Farlee
urinated on himself. Id. Farlee requested a shower
but did not receive one until 10:00 a.m. the next day.
alleges that three weeks passed before the U.S. Marshals
received Farlee's request for medical attention from
Defendants. Id. When the Marshals received the
request, they set up an appointment for Farlee to see Dr.
Becker on April 24, 2019. Id. at 5. Farlee claims
fifty-six days elapsed from the time he submitted his medical
request to the nurse at the jail. Id.
In Forma Pauperis Status
filed an Application to Proceed Without Prepayment of Filing
Fees, Doc. 2, properly completed and a Prisoner Trust Account
Report, Doc. 3, showing that he presently has a negative
balance in his inmate trust account. Under the Prison
Litigation Reform Act (PLRA), a prisoner who "brings a
civil action or files an appeal in forma pauperis . .. shall
be required to pay the full amount of a filing fee." 28
U.S.C. § 1915(b)(1)." 'When an inmate seeks
pauper status, the only issue is whether the inmate pays the
entire fee at the initiation of the proceedings or over a
period of time under an installment plan, '"
Henderson v. Norris, 129 F.3d 481, 483 (8th Cir.
1997) (quoting McGore v. Wrigglesworth, 114 F.3d
601, 604 (6th Cir. 1997)).
initial partial filing fee that accompanies an installment
plan is calculated according to 28 U.S.C. § 1915(b)(1),
which requires a payment of 20 percent of the greater of:
(A) the average monthly deposits to the prisoner's
(B) the average monthly balance in the prisoner's account
for the 6-month period immediately preceding the filing of
the complaint or notice of appeal.
has reported average negative balance in his inmate trust
account. Doc. 3. Based on this information, the court grants
Farlee leave to proceed in forma pauperis and waives the
initial partial filing fee. See 28 U.S.C. §
1915(b)(4) ("In no event shall a prisoner be prohibited
from bringing a civil action ... for the reason that the