White v. Stamps, 2:19-cv-00014

Plaintiff Barry White, an inmate at Moberly Correctional Center, filed a 42 U.S.C. § 1983 suit naming Dr. Ruanne Stamps (Corizon employee) in both individual and official capacities for denying medical treatment for urinary pain and prostate cancer, and for refusing medication (Urivarx) and an artificial sphincter.
Plaintiff seeks monetary damages and injunctive relief and moved for in forma pauperis (IFP) status and appointment of counsel.
The court reviewed the prison account statement and assessed an initial partial filing fee of $17.42 under 28 U.S.C. § 1915(b).
The court screened the complaint under 28 U.S.C. § 1915(e)(2)(B) for frivolousness, failure to state a claim, and immunity issues.
The court allowed service on Dr. Stamps in her individual capacity for an Eighth Amendment deliberate-indifference claim, dismissed the official-capacity claim for failure to allege a policy or custom under Monell, and denied without prejudice the motion for appointment of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
IFP initial partial fee	Plaintiff cannot pay full fee; requests IFP	No opposition noted; statute requires 20% calc	Court granted IFP and assessed $17.42 initial fee under § 1915(b)
Eighth Amendment deliberate indifference (individual capacity)	Dr. Stamps denied needed treatment causing ongoing pain; seeks relief	Implicit defense: merits to be addressed in litigation	Court found allegations non-frivolous and ordered process on individual-capacity claim
Official-capacity claim (Monell)	Naming Stamps in official capacity suffices to hold employer liable	Must allege policy/custom of employer to state claim	Court dismissed official-capacity claim for failure to plead a Corizon policy or custom responsible for the violation
Appointment of counsel	Plaintiff requests counsel due to medical/complexity needs	No constitutional right; factors do not favor appointment now	Court denied appointment without prejudice; issues not sufficiently complex to require counsel

Neitzke v. Williams, 490 U.S. 319 (frivolousness standard)
Denton v. Hernandez, 504 U.S. 25 (prisoner IFP screening standard)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleading)
Will v. Michigan Dep't of State Police, 491 U.S. 58 (official-capacity suit equals suit against employer)
Monell v. Dep't of Social Servs., 436 U.S. 658 (municipal/corporate liability requires policy or custom)
Battle v. Armantrout, 902 F.2d 701 (factors for appointment of counsel in civil rights cases)
Nelson v. Redfield Lithograph Printing, 728 F.2d 1003 (no constitutional right to appointed counsel in civil cases)
Spencer v. Rhodes, 656 F. Supp. 458 (definition of malicious litigation)