United States District Court, D. Alaska
ORDER OF DISMISSAL WITH LEAVE TO AMEND
L. GLEASON, UNITED STATES DISTRICT JUDGE.
Eugene James, a self-represented prisoner, has filed a Civil
Rights Complaint under 42 U.S.C. § 1983, and an
Application to Waive the Filing Fee under 28 U.S.C.
§1915(a). Mr. James names three Defendants: (1)
Frank James, his brother (a retired Army officer); Officer
Benns, a Fairbanks police officer; and Officer Kelly, an
Anchorage police officer. He also makes allegations against the
FBI and other individuals in the body of his Complaint. Mr.
James indicates that he is suing the police officers in both
their personal and official capacities,  but he does not
provide such information about his brother. Nor does he state
whether his brother is a state officer. Mr. James seeks $3
million in compensatory damages, $2 million in punitive
damages, and an order requiring all police officers to stay
away from him.
filing his Complaint, Mr. James appears to have been released
from incarceration. Further, the Court takes judicial
notice that, of the criminal cases listed in the
state docket, Mr. James was convicted of a misdemeanor on
June 7, 2019,  and the most recent event on the docket in
his other misdemeanor case is the August 15, 2019
“Findings and Order on Competence for Legal
Proceedings, Commitment, and Transport.”
law requires a court to conduct an initial screening of a
complaint brought by a self-represented plaintiff who has not
paid the filing fee. In this screening, a court shall dismiss
the case at any time if the court determines that the action
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
determine whether a complaint states a valid claim for
relief, a court considers if it contains sufficient factual
matter that if accepted as true “state[s] a claim to
relief that is plausible on its face.” In conducting
its review, the court is mindful that it must liberally
construe a self-represented plaintiff's pleading and give
the plaintiff the benefit of any doubt. Before a
court may dismiss any portion of a complaint for failure to
state a claim upon which relief may be granted, the court
must provide the plaintiff with a statement of the
deficiencies in the complaint and an opportunity to amend or
otherwise address the problems, unless to do so would be
first claim for relief, Mr. James alleges that he was beaten
I'm openly gay and telling about gay cops, sheriffs, drug
dealers, murderer in my family have the support of the
federal gov. I don't I'm whistle blower. I'm born
gay not a drug dealer.
This was a hate crime.
I went to see my doctor. I was in need of medical care.
Paramedics were called. Police Officer Larimer call ran me
off. I've never seen such a thing. I had rote Larimer up
on a grievance about having sex with my boyfriend Arvin
Castro, a Filipino on the run from his country being used in
a drug sex ring in Fairbanks. He told me about other crimes.
They are stilling money from my accts at Alaska USA. Tellers
put some of the money back but not the fraudulent ATM card I
never activated on 12-06-18.
second claim for relief, Mr. James alleges that, on or about
September 10, 2018, the FBI said they would not investigate,
and that Officers Benns, Kelly and Carpenter
Won't give me my opioid norco 5mg or medical [marijuana?]
4 seizures back pain only want to give me crazy medicine. I
refuse it. Dr. Loomis Tylenol won't help.
Cops also evicted me out of my house apt. on 1-12-19 in
Fairbanks, AK and on 6-8-19 in Anchorage AK after only 1 day
in Center City Motel for the disabled people. No. help from
any agency. Cops are to corrupt, killing blacks on the spot
in most case. I've already contact 2 foreign embassies in
D.C. and United Nations.
Also Municipal Prosecutor McGrum knows I'm defending
myself. But getting his help from Georgia corrupt prosecutor
& Federal agents & Sheriff from my past court cases
involving my family & cops trying to assassinate
James' third claim for relief is against FBI agents in
Macon, Georgia for events allegedly occurring in about June
My mother Lillian James Wilcox won her bankruptcy case.
Sheriff Bill Massee sent deputies Butler and other one to her
house … [and] beat her, tore off her prosthetic leg,
locked her up. NAACP & GBI-FBI help Masse cover this
crime up - my brothers and sisters were allowed to sell
drugs, rape, murder in 1993 fraudulent the insurance check.
My mother had been in car accident. The Travelers Insurance
never wrote a check in handwriting. I took documents all over
Georgia to courthouses and [indecipherable] to it was a crime
but no one got involved. Sheriff Bill Massee is a known cross
dresser, rapist, murderer been in the position 30 years.
Enough is enough. Federal agents need prison time especially
the black one Agent Peebles I had problems with in
James attached a Settlement Agreement from the Alaska
Workers' Compensation Division regarding his chronic back
problems, dated July 1, 2019, with his
Complaint. He also submitted a handwritten
statement stating that, on August 17, 2018, he was flown from
a hospital in Georgia to live with his brother, Defendant
Frank James, and that on August 30, 2018, Frank beat him up
for being openly gay. Mr. James claims that the
FBI refused to investigate just like in Milledgeville, Ga my
hometown. Agent Andy Smith wouldn't investigate that in
Ga. Brother & family runs a drug & sex traffing ring
well known in Georgia, murdered my mother because Sheriff
Bill Massee let them sell drugs for the Jew I use to work
for. Cops R protecting them. Not me I'm a whistle blower.
I was gang raped in 1991. Cops say if I don't tell I can
sell drugs …
the allegations supplied in his Complaint and attachments, it
appears unlikely that Mr. James will be able to state a
viable claim for relief in federal court. And this Court has
no jurisdiction over the Georgia defendants and claims as
presented in Claim 3. But because the Court liberally
construes pro se pleadings, and gives liberal leave to amend,
Mr. James will be given an opportunity to try to state a
claim for relief under § 1983 against a state
actor for (1) deliberate indifference to his serious
medical needs, (2) excessive force, and/or (3) for failure to
protect, if any of those claims are appropriate as explained
Stating a Claim Under Federal Rule 8.
Rule of Civil Procedure 8(a) requires that a complaint
(1) a short and plain statement of the grounds for the
court's jurisdiction …;
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief
in the alternative or different types of
James has not submitted a short and plain statement of any
claim that shows he may be entitled to relief in the federal
Establishing this Court's Jurisdiction Over the
is “[a] court's power to decide a case or issue a
decree[.]” As explained by the United States
Supreme Court, “[f]ederal courts are courts of limited
jurisdiction. They possess only that power authorized by
Constitution and statute.” That is, the United
States Constitution or a federal statute must generally be at
issue to establish this Court's
jurisdiction. It is Mr. James' burden, as the
plaintiff, to show that this Court has jurisdiction to hear
his claims. Mr. James has filed claims under 42
U.S.C. § 1983.
Requirements for Filing an Action Under the Civil Rights
U.S.C. § 1983 “provides a cause of action for
state deprivations of federal
rights.” That is, a plaintiff has “a cause
of action against  state actors who  violate an
individual's rights under federal
law.” Critically, a plaintiff must establish a
causal link between the state action and the alleged