United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
J. CASPER UNITED STATES DISTRICT JUDGE
reasons set forth below, the Court permits Plaintiff Emmanuel
Evariste (“Evariste”) to proceed in forma
pauperis and finds that the complaint fails to state a
claim upon which relief may be granted. If Evariste wishes to
proceed with this action, he must file an amended complaint
that sets forth a plausible claim upon which relief may be
Emmanuel Evariste (“Evariste”) has filed a
pro se complaint seeking monetary damages of
“$100 million” under the Federal Tort Claims Act,
28 U.S.C. § 1346(b). D. 1. Evariste subsequently filed five
affidavits and a declaration in support of his request to
proceed in forma pauperis. D. 4 - 8, 11.
is a citizen of Haiti who is detained in U.S. Immigration and
Customs Enforcement (“ICE”) custody at the
Bristol County House of Correction. The complaint names as
defendants the United States of America, the Commonwealth of
Massachusetts and Thomas Hodgson, Bristol County Sheriff. D.
1 at 1. Evariste contends that because of his prolonged
detention in ICE custody, he became a victim of sexual abuse
by another inmate on March 27, 2019. Id. at 3. He
alleges that correctional officers knew the danger presented
by the other inmate and that several correctional officers
were arrested after lying about incidents of sexual abuse.
Id. Evariste contends that Sheriff Hodgson and
the Commonwealth can be held liable under the FTCA by virtue
of agreements they entered with the federal government.
Id. at 1.
complains that the defendants allowed him to remain at the
facility where sexual assaults were known to occur and are
liable for the alleged violation of his right to due process
both in state criminal proceedings and federal immigration
proceedings. Id. at 2.
Plaintiff's Request to Proceed In Forma Pauperis
review of Evariste's request for leave to proceed in
forma pauperis, the Court concludes that he is without
income or assets to pay the filing fee. The Court, therefore,
permits Evariste to proceed in forma pauperis.
Screening of the Complaint
plaintiff seeks to file a complaint without prepayment of the
filing fee, summonses do not issue until the Court reviews
the complaint and determines that it satisfies the
substantive requirements of 28 U.S.C. § 1915. The in
forma pauperis statute authorizes federal courts to
dismiss a complaint sua sponte if the claims therein
lack an arguable basis in law or in fact, fail to state a
claim on which relief may be granted, or seek monetary relief
against a defendant who is immune from such relief.
See 28 U.S.C. § 1915(e)(2).
examining the sufficiency of the pleadings, the court
considers whether the plaintiff has pled “enough facts
to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). “A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
conducting this review of the complaint, a pro se
plaintiff is entitled to a liberal reading of his
allegations, even when such allegations are inartfully pled.
See Haines v. Kerner, 404 U.S. 519, 520-21 (1972);
Rodi v. New Eng. Sch. of Law, 389 F.3d 5, 13 (1st
Plaintiff's Complaint is ...