United States District Court, W.D. North Carolina, Charlotte Division
JENNIFER ANN JASMAINE f/k/a DUANE L. FOX, Plaintiff,
FNU AARON, et al., Defendants.
D. WHITNEY, CHIEF UNITED STATES DISTRICT JUDGE
MATTER is before the Court on initial review of
Plaintiff’s Amended Complaint, filed under 42 U.S.C.
§ 1983, [Doc. 8]. See 28 U.S.C. § 1915(a).
On March 19, 2019, the Court entered an order waiving the
initial filing fee and directing monthly payments to be made
from Plaintiff’s prison account. [Doc. 9]. Thus,
Plaintiff is proceeding in forma pauperis.
Plaintiff Jennifer Ann Jasmaine, a North Carolina prisoner
incarcerated at Eastern Correctional Institution in Maury,
North Carolina, filed this action on January 16, 2019,
pursuant to 42 U.S.C. § 1983. Plaintiff has named the
following persons as Defendants: (1) FNU Aaron, (2) FNU
Germaney, and (3) FNU Hatley. Plaintiff does not identify
these Defendants any more specifically in her Amended
Complaint or allege any facts particular to any Defendant.
Plaintiff generally alleges that her constitutional due
process and Eighth Amendment rights are being violated
because she has been wrongly classified as being in a
security threat group (“STG”) (i.e., a gang
member) while in prison. Plaintiff also purports to state
claims for slander, “official knowledge of risk,
” and that “Ms. Jasmaine is unusually
vulnerable.” [Doc. 8 at 2-5]. Plaintiff alleges,
plaintiff, Ms. Jasmaine has a music group tattooed on her
forearm (Insane Clown Posse). The plaintiff, Ms. Jasmaines
safety is at risk because the defendants put her on the STG
highest level, Level III. Any prison she goes to she will
have to go to a unit full of real gang members.
Ms. Jasmaine is currently being punished, because of her
being put on STG Level III she’s only allowed one phone
call per month and she has to send her mail out opened so
they can read it, (other inmates who are not STG don’t
have to send their mail opened), (see exhibit A)
Puting A Transgender woman on a predominately gang unit is
putting her at risk and puting her at the highest Level, SRG
Level III, guarenties the risk. The risk at hand is a strong
likelihood rather than more possibility putting a transgender
woman on a predominately gang unit. Brown v. Hughes,
894 F.2d 1533, 1537 (11th Cir. 1990).
At the prison where the plaintiff, Ms. Jasmaine is being
housed inmate-on-inmate violence, even inmate-on-officer
violence is common and uncontrolled, officials may be held
[Doc. 8 at 1-2, 4 (spelling and grammatical errors
uncorrected)]. Other than the alleged potential risk of harm,
Plaintiff does not allege that she has suffered any actual
injury as a result of her STG classification.
relief, Plaintiff requests declaratory relief, compensatory
and punitive damages, and her removal from STG
classification. [Doc. 8 at 8].
STANDARD OF REVIEW
Plaintiff is proceeding in forma pauperis, the Court must
review the Complaint to determine whether it is subject to
dismissal on the grounds that it is “frivolous or
malicious [or] fails to state a claim on which relief may be
granted.” 28 U.S.C. § 1915(e)(2). Furthermore,
§ 1915A requires an initial review of a “complaint
in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
entity, ” and the court must identify cognizable claims
or dismiss the complaint, or any portion of the complaint, if
the complaint is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or seeks monetary
relief from a defendant who is immune from such relief. In
its frivolity review, this Court must determine whether the
Complaint raises an indisputably meritless legal theory or is
founded upon clearly baseless factual contentions, such as
fantastic or delusional scenarios. Neitzke v.
Williams, 490 U.S. 319, 327-28 (1989).