Curtis James Bingham v. United States

CourtDistrict Court, C.D. California
DecidedMay 15, 2025
Docket2:25-cv-04455
StatusUnknown

This text of Curtis James Bingham v. United States (Curtis James Bingham v. United States) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis James Bingham v. United States, (C.D. Cal. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

CURTIS JAMES BINGHAM, ) ) Case No. 1:25-cv-100 Plaintiff, ) ) v. ) Judge Atchley ) UNITED STATES OF AMERICA, ) Magistrate Judge Dumitru BRADLEY COUNTY, TENNESSEE, ) BRADLEY COUNTY SHERIFF, and ) JOHN DOES 1–5, ) ) Defendants. )

MEMORANDUM OPINION Plaintiff is a federal prisoner currently incarcerated in the United States Penitentiary in Victorville, California (“Victorville”). He was formerly confined in the Bradley County Jail. Plaintiff’s pro se complaint for violation of U.S.C. § 1983 alleges he was injured while being transported from his confinement in the Bradley County Jail and denied medical care for his injuries. [Doc. 3]. He also filed motions regarding proceeding in forma pauperis [Docs. 1, 7], and a motion to file his complaint without using a complaint form [Doc. 2]. The Court addresses Plaintiff’s in forma pauperis motions [Docs. 1, 7] before screening the Complaint [Doc. 3]. I. FILING FEE For good cause shown therein, Plaintiff’s motion for extension of time to file his in forma pauperis documents [Doc. 1] is GRANTED. Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 7] demonstrates that he lacks sufficient financial resources to pay the filing fee in a lump sum. Accordingly, pursuant to 28 U.S.C. § 1915, this motion [id.] is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff’s inmate trust account is DIRECTED to submit to the Clerk, U.S. District Court, 900 Georgia Avenue, Suite 309, Chattanooga, Tennessee 37402 as an initial partial payment, whichever is the greater of: (a) twenty percent (20%) of the average monthly deposits to Plaintiff’s inmate trust account; or (b) twenty percent (20%) of the average monthly balance in his inmate trust account for the six- month period preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1)(A) and (B). Thereafter, the custodian of Plaintiff’s inmate trust account is directed to submit twenty percent (20%) of

Plaintiff’s preceding monthly income (or income credited to Plaintiff’s trust account for the preceding month), but only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). The Clerk is DIRECTED to send a copy of this Order to the Court’s financial deputy and the custodian of inmate trust accounts at Plaintiff’s current facility to ensure compliance with the PLRA’s requirements for payment of the filing fee. II. COMPLAINT SCREENING A. Standard

Under the Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner complaints and shall, at any time, sua sponte dismiss any claims that are frivolous or malicious, fail to state a claim for relief, or are against a defendant who is immune. See, e.g., 28 U.S.C. §§ 1915(e)(2)(B) and 1915A; Benson v. O’Brian, 179 F.3d 1014 (6th Cir. 1999). The dismissal standard that the Supreme Court set forth in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), “governs dismissals for failure to state a claim under [28 U.S.C. §§ 1915(e)(2)(B) and 1915A] because the relevant statutory language tracks the language in Rule 12(b)(6).” Hill v. Lappin, 630 F.3d 468, 470–71 (6th Cir. 2010). Thus, to survive an initial review under the PLRA, a complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). Formulaic and conclusory recitations of the elements of a claim are insufficient to state a plausible claim for relief. Id. at 681. Likewise, an allegation that does not raise a plaintiff’s right to relief “above a speculative level” fails to state a claim upon which relief may be granted.

Twombly, 550 U.S. at 570. However, courts liberally construe pro se pleadings and hold them to a less stringent standard than lawyer-drafted pleadings. Haines v. Kerner, 404 U.S. 519, 520 (1972). A claim for violation of 42 U.S.C. § 1983 requires a plaintiff to establish that a person acting under color of state law deprived him a federal right. 42 U.S.C. § 1983. B. Allegations In Plaintiff’s complaint, which he mailed to the Court on approximately February 26, 2025, [Doc. 3-1 p. 1], Plaintiff alleges that on February 29, 2023, John Doe Defendants “failed to properly secure Plaintiff in the transport vehicle,” and that Plaintiff “was fully restrained during the transport, with restraints securing his waist, wrists, and legs, severely limiting his ability to

move or protect himself in the event of sudden vehicle movements.” [Doc. 3 p. 5]. John Doe Defendants then operated the vehicle “negligently and recklessly, including driving at unsafe speeds and failing to properly navigate road conditions,” and “the vehicle struck a curb with force, causing Plaintiff . . . to be thrown violently from his seat,” which caused him “severe injuries.” [Id. at 5–6]. Plaintiff told unspecified Bradley County officers about his injuries when they arrived at their destination, but they “initially dismissed” his complaints “and he was not given an immediate medical evaluation.” [Id. at 6]. Plaintiff was eventually taken to a hospital, where he was diagnosed with various injuries that required “further evaluation and follow-up treatment,” but unspecified Bradley County officials did not provide Plaintiff the additional evaluation and treatment and instead transferred him to federal custody, specifically “USP Victorville” [id. at 6–7], which Plaintiff entered on April 3, 2023. [Id. at 22]. Plaintiff then did not receive proper medical care in federal custody. [Id. at 7–8]. Plaintiff has sued the United States of America, Bradley County, Tennessee, the Bradley

County Sheriff, and John Doe Defendants 1–5. [Id. at 1]. Based on the factual allegations summarized above, Plaintiff asserts the following: (1) claims for negligence and negligence per se against Bradley County, the Bradley County Sheriff’s Office, and the John Doe Defendants [id. at 8–10, 16–17]; (2) a Federal Tort Claims Act claim against the United States [id. at 10–12]; (3) a breach of contract claim against Bradley County [id. at 12–13]; (4) a “breach of duty” claim against Bradley County, the Bradley County Sheriff, and the John Doe Defendants [id. at 13–15]; and (5) a “failure to train and supervise” claim against Bradley County and the Bradley County Sheriff [id. at 15–16].

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Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Hill v. Lappin
630 F.3d 468 (Sixth Circuit, 2010)
Geoffrey Benson v. Greg O'Brian
179 F.3d 1014 (Sixth Circuit, 1999)
Ronnie Harris v. United States
422 F.3d 322 (Sixth Circuit, 2005)
O'Neill v. Battisti
472 F.2d 789 (Sixth Circuit, 1972)

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