Haley v. Dormire

845 F.2d 1488, 1988 WL 39836
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 2, 1988
DocketNos. 87-1933, 87-1934
StatusPublished
Cited by18 cases

This text of 845 F.2d 1488 (Haley v. Dormire) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haley v. Dormire, 845 F.2d 1488, 1988 WL 39836 (8th Cir. 1988).

Opinions

MeMILLIAN, Circuit Judge.

Samuel E. Haley, Jr. appeals from two final orders entered in the District Court for the Western District of Missouri sua sponte dismissing his 42 U.S.C. § 1983 federal civil rights complaints as “frivolous” under 28 U.S.C. § 1915(d). Haley v. Dormire, No. 87-4160-CV-C-5 (W.D.Mo. June 29, 1987) (appeal No. 87-1933); Haley v. Boyd, No. 87-4158-CV-C-5 (W.D.Mo. June 25, 1987) (appeal No. 87-1934). For reversal, Haley argues the district court erred in sua sponte dismissing the complaints as frivolous. For the reasons discussed below, we reverse and remand the cases to the district court for further proceedings consistent with this opinion.

Haley is a prisoner in the Missouri state penitentiary. He has no money. He filed the complaints at issue in these appeals pro se and also sought leave to proceed in forma pauperis under 28 U.S.C. § 1915(d). The district court clerk’s office provisionally1 filed the complaints, and the district court referred the complaints to a magistrate for processing. In appeal No. 87-1933, Haley alleged that, in retaliation for his filing and successfully prosecuting other lawsuits against prison officials, the defendants conspired to place him, and keep him, in the prison’s Special Management Facility in violation of due process, equal protection, prison policy, and prison regulations. In appeal No. 87-1934, Haley similarly alleged that, in retaliation for his filing and successfully prosecuting other lawsuits against prison officials, the defendants conspired to deny him access to the courts by preventing him from using the prison law library, denying him legal materials and legal assistance, and requiring him to purchase writing paper. Haley also claimed that the defendants had deliberately and maliciously denied him medical treatment, recreation, showers, and educational materials. Haley sought declaratory and injunctive relief, including transfer to another prison, and actual and punitive damages.

The magistrate recommended that both complaints be dismissed as frivolous, without requiring the defendants to file a response, because “[Haley’s] claims are broad and conclusory statements unsupported by factual allegations which are insufficient to support a cause of action under 42 U.S.C. § 1983.” Haley v. Dormire, No. 87-4160-CV-C-5, slip op. at 3 (report and recommendation of magistrate); Haley v. Boyd, No. 87-4158-CV-C-5, slip op. at 2-3 (report and recommendation of magis[1490]*1490trate). In each case the district court conducted a de novo review of the record, adopted the recommendation of the magistrate, and dismissed each complaint as frivolous. These appeals followed and were consolidated for purposes of appellate review.

We review dismissals under § 1915(d) under an abuse of discretion standard. E.g., Nash v. Black, 781 F.2d 665, 668 (8th Cir.1986), citing Horsey v. Asher, 741 F.2d 209, 212 (8th Cir.1984). However, it is an abuse of discretion to dismiss a complaint if it is not legally frivolous. E.g., Nash v. Black, 781 F.2d at 668, citing Horsey v. Asher, 741 F.2d at 212; Green v. Black, 755 F.2d 687, 688 (8th Cir.1985) (per curiam). “The question of whether a complaint is legally frivolous is one of law, not of fact.” Nash v. Black, 781 F.2d at 667. “Under the liberal rules applicable to pro se prisoners, an action is not frivolous unless it appears ‘beyond a reasonable doubt that [the] petitioner can prove no set of facts in support of his [or her] claim which would entitle him [or her] to relief.’ ” Smith v. Bacon, 699 F.2d 434, 436 (8th Cir.1983) (per curiam), citing Wilson v. Iowa, 636 F.2d 1166, 1168 (8th Cir.1981); see Horsey v. Asher, 741 F.2d at 211 & n. 3, citing Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (per curiam) (pro se prisoner civil rights complaint, brought in forma pauperis; dismissal under Fed.R.Civ.P. 12(b)(6)). Moreover, “the [district] court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory.” Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir.1974); see, e.g., White v. Bloom, 621 F.2d 276, 279 (8th Cir.), cert. denied, 449 U.S. 995, 101 S.Ct. 533, 66 L.Ed.2d 292 (1980).

The [district] court may also, in appropriate circumstances, dismiss the complaint sua sponte, without requiring service on the defendant. However, we have expressed our disfavor of sua sponte dismissals because the district court is cast in the role of a proponent for the defense, rather than an independent entity, and because such dismissal may lead to the wasteful “ ‘shuttling of the lawsuit between the district and appellate courts.’ ”

Nash v. Black, 781 F.2d at 668 (other citations and footnote omitted), citing Munz v. Parr, 758 F.2d 1254, 1258 (8th Cir.1985); see Doe v. St. Joseph’s Hospital, 788 F.2d 411, 414-15 (7th Cir.1986) (criticizing sua sponte dismissals).

We have reviewed Haley’s complaints and believe that, when read expansively, the factual allegations of conspiracy are barely sufficient to state a claim for relief. Conspiracies are by their very nature secret, and it is unreasonable to expect plaintiffs, particularly pro se prisoners, to be able to allege direct evidence or concrete facts in support of a conspiracy claim. See, e.g., Smith v. Bacon, 699 F.2d at 437; White v. Walsh, 649 F.2d 560, 561 (8th Cir.1981). In order to state a conspiracy claim, the plaintiff must at least allege that “ ‘the defendants had directed themselves toward an unconstitutional action by virtue of a mutual understanding,’ and [provide] some facts suggesting such a ‘meeting of the minds.’ ” White v. Walsh, 649 F.2d at 561, citing Sparkman v. McFarlin, 601 F.2d 261, 268 (7th Cir.1979) (banc).

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Bluebook (online)
845 F.2d 1488, 1988 WL 39836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haley-v-dormire-ca8-1988.