Summary
reversing preservice dismissal of excessive force claim because it was not clear that "the allegations ... have no arguable basis in law or fact"
Summary of this case from Cross v. MaysOpinion
No. 20-2082
10-20-2020
Shane William Johnson Plaintiff - Appellant v. Unknown Grisham, C/O; Unknown Shultz, Lt. of Jail; Unknown Kelly, Nurse Defendants - Appellees
Appeal from United States District Court for the Eastern District of Missouri - St. Louis [Unpublished] Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. PER CURIAM.
Shane Johnson appeals the preservice dismissal of his complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2). This court previously affirmed the dismissal of Johnson's claims against Lieutenant Schultz and Nurse Kelley. After careful review of the remaining claims against Correctional Officer Grisham, we cannot say, at this stage of the proceedings, that the allegations against Grisham have no arguable basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 328 (1989). Accordingly, we reverse the preservice dismissal of the claims against Grisham, and remand to the district court for issuance of service of process against Grisham, resolution of the motion to compel and for further proceedings as appropriate.