Poe v. State of Utah

CourtDistrict Court, D. Utah
DecidedFebruary 5, 2025
Docket2:23-cv-00921
StatusUnknown

This text of Poe v. State of Utah (Poe v. State of Utah) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poe v. State of Utah, (D. Utah 2025).

Opinion

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

NICHOLAS POE, MEMORANDUM DECISION & ORDER

DISMISSING SOME CLAIMS, Plaintiff, AND REQUESTING WAIVER OF

SERVICE ON REMAINING CLAIMS v.

Case No. 2:23-cv-00921 DBB STATE OF UTAH et al.,

District Judge David Barlow Defendants.

On January 2, 2024, Plaintiff Nicholas Poe, filed this pro se civil-rights action, see 42 U.S.C.S. § 1983 (2025), proceeding in forma pauperis, see 28 id. § 1915. (ECF Nos. 1, 3–4.) I. BACKGROUND On February 22, 2024, the Court gave direction and ordered Plaintiff to cure the deficiencies in the Complaint. (ECF Nos. 4, 11.) On February 28, 2024, the Court gave direction and ordered Plaintiff to cure deficiencies in his Amended Complaint. (ECF Nos. 12, 18.) On April 25, 2024, the Court screened Plaintiff's Second Amended Complaint (SAC), dismissing some defendants and claims and requesting waiver of service of the SAC on remaining defendants and claims. (ECF Nos. 24, 26.) In that Order and another Order, the Court also required a response to Plaintiff’s pending motions for preliminary injunctive relief. (ECF Nos. 25–27, 29.) Before waivers of service could be executed, though, on June 6, 2024, Plaintiff followed up with a motion to amend or correct the SAC. (ECF No. 30.) Later in June, waivers of service were returned executed by Defendants regarding the SAC. (ECF Nos. 24, 31–38.) But by the end of June, Plaintiff had already moved to amend or correct his complaint yet again. (ECF No. 41.) On July 8, 2024, the Court stayed Defendants’ responsibility to answer the SAC and respond to the motions for preliminary injunctive relief and granted Plaintiff’s motions to further amend. (ECF No. 46.) The latter resulted in Plaintiff’s filing of his Third Amended Complaint (TAC). (ECF No. 48.)

About the TAC, the Court had notified Plaintiff that, “[i]f an amended complaint is filed, the Court will screen each claim and defendant for dismissal or an order effecting service upon valid defendants who are affirmatively linked to valid claims.” (ECF No. 46, at 4.) Having now thoroughly screened and liberally construed1 the TAC, (ECF No. 48), under its statutory review function,2 the Court dismisses two potential claims and requests waiver of service from Defendants as to other claims. See 28 U.S.C.S. § 1915(d) (2025) (“The officers of the court shall issue and serve all process, and perform all duties in such cases.”).

1 Pro se pleadings are liberally construed, “applying a less stringent standard than is applicable to pleadings filed by lawyers. Th[e] court, however, will not supply additional factual allegations to round out a plaintiff’s complaint or construct a legal theory on a plaintiff’s behalf.” Whitney v. New Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997) (citations omitted). This means that if this Court can reasonably read the pleadings “to state a valid claim on which the plaintiff could prevail, it should do so despite the plaintiff’s failure to cite proper legal authority, his confusion of various legal theories, his poor syntax and sentence construction, or his unfamiliarity with pleading requirements.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Still, it is not “the proper function of the district court to assume the role of advocate for the pro se litigant.” Id.; see also Peterson v. Shanks, 149 F.3d 1140, 1143 (10th Cir. 1998) (citing Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989) (per curiam)). 2 The screening statute reads: (a) Screening.—The court shall review . . . a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. (b) Grounds for dismissal.—On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.S. § 1915A (2025). II. PLAINTIFF’S ALLEGATIONS Plaintiff’s allegations all implicate Utah Department of Corrections (UDOC) employees involved in his medical treatment at a UDOC facility. (ECF No. 48.) Plaintiff first asserts that Defendant Michael Robinson, a therapist, “alter[ed] some

mental health records.” (Id. at 4.) Plaintiff next contends that, from May to September 22, 2022, he was forcibly medicated without a magistrate judge’s order. (Id.) For this he blames Defendants Leslie Ann Forbush, Kent Roundy, Charlotte Wray, and Skyler Monson, whom he states, “w/o a competency hearing held a force medication hearing.” (Id.) He says this hearing was held without past medical records, and with “falsified record[s]” created by Defendant Forbush that wrongly identified his mental-health diagnosis. (Id.) Plaintiff further asserts that these falsified records caused to him “to be denied healthcare” (between November 2022 and February 2023) by Defendant Dr. Adam Binniboese, including denial of “late effects of a TBI medication” (TBI meds) (Id.) From February to August 2023, Plaintiff says he was refused (a) “asthma and [TBI meds]

by both Defendants Darrel Olsen and Karl Nathan Kelson” and (b) TBI meds by Defendant Thomas Nephi Jordan, who also “offered to prescribe . . . Paxil which you are never supposed to take with a TBI.” (Id. at 5.) Plaintiff asserts that all named defendants denied him treatment for “asthma, narcolepsy, epilepsy, depression, anxiety, [and] dissociative identity disorder/multiple personality disorder.” (Id.) And, finally, Plaintiff contends that Defendant Forbush “also held another force medication hearing which cause[d him] more harm to [his] physical and mental health.” (Id.) Based on these allegations, Plaintiff raises claims that his federal constitutional rights-- regarding equal protection, cruel and unusual punishment, and due process--were violated. (Id. at 6–7.) III. SUA SPONTE DISMISSAL FOR FAILURE TO STATE CLAIM

A. STANDARD OF REVIEW Assessing a complaint for failure to state a claim upon which relief may be granted, this Court takes all well-pleaded factual assertions as true and regards them in a light most advantageous to the plaintiff. Ridge at Red Hawk L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007). Dismissal is appropriate when, though the facts are viewed in the plaintiff’s favor, the plaintiff has not posed a “plausible” right to relief. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Robbins v. Oklahoma, 519 F.3d 1242, 1247-48 (10th Cir. 2008). “The burden is on the plaintiff to frame a ‘complaint with enough factual matter (taken as true) to suggest’ that he or she is entitled to relief.” Robbins, 519 F.3d at 1247 (quoting Twombly, 550 U.S. at 556). When a civil-rights complaint contains “bare assertions,” involving “nothing more than a

‘formulaic recitation of the elements’ of a constitutional . . . claim,” the Court considers those assertions “conclusory and not entitled to” an assumption of truth. Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009) (quoting Twombly, 550 U.S. at 554-55).

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Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Ridge at Red Hawk, L.L.C. v. Schneider
493 F.3d 1174 (Tenth Circuit, 2007)
Martinez v. Aaron
570 F.2d 317 (Tenth Circuit, 1978)
Gee v. Estes
829 F.2d 1005 (Tenth Circuit, 1987)
Hall v. Bellmon
935 F.2d 1106 (Tenth Circuit, 1991)
Williams v. Utah Department of Corrections
928 F.3d 1209 (Tenth Circuit, 2019)
Dunn v. White
880 F.2d 1188 (Tenth Circuit, 1989)
Erlinger v. United States
602 U.S. 821 (Supreme Court, 2024)

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Poe v. State of Utah, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-state-of-utah-utd-2025.