Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jones v. Kentucky State Police

United States District Court, W.D. Kentucky, Bowling Green

June 18, 2019

JEFFREY ALLEN JONES, SR. PLAINTIFF
v.
KENTUCKY STATE POLICE et al. DEFENDANTS

          Plaintiff, pro se

          Defendant Forbis General Counsel, Justice & Public Safety Cabinet, Office of Legal Counsel

          MEMORANDUM OPINION AND ORDER

          Greg N. Stivers, Chief Judge United States District Court

         Plaintiff Jeffrey Allen Jones, Sr., filed the instant pro se 42 U.S.C. § 1983 action proceeding in forma pauperis (DN 1). The complaint is now before the Court for initial screening pursuant to 28 U.S.C. § 1915A. For the reasons stated below, the Court will dismiss some claims and allow other claims to proceed for further development.

         I.

         Plaintiff, a convicted inmate at the Green River Correctional Complex, sues the following Defendants: Kentucky State Police; Officer Forbis; and “All the other 8 officer's pres[]ent with Officer Forbis on 3-4-2018[, ]” identifying them as “all Kentucky State Police.” He sues Defendant Forbis and the other officers in their individual and official capacities.

         Plaintiff states that on March 4, 2018, Defendant Forbis and the other eight Defendant officers came to a location in Campbellsville, Kentucky, “with gun's and rifles drawed and aimed at my self and Bobby Spurling, with pistels and rifles equiped with bright directional lights on the pistels & rifles.” Plaintiff describes the incident as follows:

We were told to show our hands and exit the non running car we were sitting in. We did as told, but Officer Forbis, struck me in the back with a metal baton, and when I went down from the force he delivered to my back, Officer Forbis, kept beating me over and over, with the baton and his fist in my right kidney and my right thigh of my right leg, till he tired his self out, then he demanded me to stand up while I was tangled up in weeds and barrairers holding me in place, he beat me more finnaly he jerked me to my feet by my cuffed hands, and pushed me up across the hood of my little car, and asked me really close and personal in my ear quote “How do you like being out here in the dark, surrounded by all these state trooper, with no camara's or mic.s?” I told him this was wronge! And he beat me some more in my already damaged kidney & back. Then he said “You are not going to beat these charge's, I promise you that Jeffrey Jones.” I just kept quite to keep from being beatin more. Me & Bobby were taken to Taylor County Detention Center in Campbellsville, Ky. . . . The next day I was wheeled to the Court room by officer Jason Milby because I was hurt too bad by Officer Forbis.

         Plaintiff additionally states that Defendant Forbis “had my little car toed for no reason - cost me $250.00 the next day!”

         As relief, Plaintiff seeks compensatory and punitive damages and the following injunctive relief: “Ban Officer Forbis from the state police” and “have Officer Forbis attend and complet a intense anger management course, at his own expense.”

         II.

         When a prisoner initiates a civil action seeking redress from a governmental entity, officer, or employee, the trial court must review the complaint and dismiss the complaint, or any portion of it, if the court determines that the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).

         In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). “But the district court need not accept a ‘bare assertion of legal conclusions.'” Tackett, 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995)). Although this Court recognizes that pro se pleadings are to be held to a less stringent standard than formal pleadings drafted by lawyers, Haines v. Kerner, 404 U.S. 519, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.