United States District Court, D. Oregon, Eugene Division
CLAY HENRY LEE HITT, KRISTI LYN SPERLING, DALE LEE HITT, Plaintiffs,
DOUGLAS COUNTY, OREGON et al., Defendants.
OPINION & ORDER
Aiken United States District Judge
filed this action on September 7, 2018 along with an
application for leave to proceed in forma pauper is
("IFP"). I dismissed Plaintiffs' first
complaint for failing to state an actionable legal claim and
deferred ruling on Plaintiffs' IFP petition pending
submission of an amended complaint. Plaintiffs have now filed
an amended complaint (doc. 13).
complaint filed in forma pauper is may be dismissed
at any time, including before service of process, if the
court determines that:
(A) the allegation of poverty is untrue; or
(B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
or (iii) seeks monetary relief against a defendant who is
immune from such relief.
28 U.S.C. § 1915(e)(2); see also Neitzke v.
Williams, 490 U.S. 319, 324 (1989) (sua
sponte dismissals under section 1915 spare
defendants the inconvenience of answering frivolous
complaints); Lopez v. Smith, 203 F.3d 1122, 1126 n.7
(9th Cir. 2000) (section 1915(e) applies to all in forma
pauperis complaints, not just those filed by inmates). A
complaint is frivolous "where it lacks an arguable basis
in either law or in fact." Neitzke, 490 U.S. at
se pleadings are held to less stringent standards than
pleadings by attorneys. Haines v. Kerner, 404 U.S.
519, 520-21 (1972). That is, the court should construe
pleadings by pro se plaintiffs liberally and give
them the benefit of any doubt. Karim-Panahi v. Los
Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir.
a pro se litigant is entitled to notice of the
deficiencies in the complaint and the opportunity to amend,
unless the complaint's deficiencies cannot be cured by
amended complaint asserts various claims in support of their
request for $500, 000, 000 in damages. Specifically, they
allege state law claims of negligence and intentional
infliction of emotional distress, a claim for attorneys'
fees under 42 U.S.C. § 1988, and a litany of
constitutional claims under 42 U.S.C. § 1983 for
violations of their constitutional rights based on the First,
Second, Fourth, Fifth, Sixth, Fourteenth, and Seventeenth
Amendments. Like their initial complaint, the amended
complaint lists over thirty named defendants, as well as one
hundred unnamed defendants, and includes various medical
facilities, medical professionals, state agencies, state
officials, judicial officials, and others. For the reasons
below, Plaintiffs' amended complaint is dismissed for
failing to state a claim upon which relief can be granted and
a determination of Plaintiffs' IFP status is deferred.
See 28 U.S.C. § 1915(e)(2). Plaintiffs shall
have 14 days to amend the complaint if they so choose.