United States District Court, D. Montana, Great Falls Division
P. WATTERS UNITED STATES DISTRICT JUDGE
Fourstar filed a complaint in this matter on February 13,
2018. At that time, he was a prisoner. See Compl. (Doc. 2) at
5 ¶ I. He is also proceeding in forma pauperis. See Mot.
to Proceed In Forma Pauperis (Doc. 1); Order (Doc. 17). The
Court must review the complaint to determine whether it fails
to state a claim on which relief may be granted. See 28
U.S.C. § § 1915(e)(2)(B)(ii), 1915 A(a).
is also self-represented. "A document filed pro se is to
be liberally construed, and a. pro se complaint, however
inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers." Erickson
v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (internal
quotation marks and citation omitted). Courts must briefly
explain deficiencies that may be cured by amendment, see
Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012),
but if a claim cannot be cured by amendment, "the court
shall dismiss" it, 28 U.S.C. § 1915(e)(2) (emphasis
Deficiencies in Complaint
complaint names over 33 defendants and scatters allegations
over a wide variety of situations. The Court will address its
Funding Cut to College Programs
claims Governor Bullock and others "discriminatorily
targeted non-Caucasian Italian-American Studies course at
College of Missoula (consolidated with Paralegal Studies
Program and Culinary Arts Program) for termination through a
cut in ... funding ... without authority." As a result,
he says, he is not able to attend the Paralegal Studies
Program, enjoy vocational rehabilitation, or enjoy his full
share of the Cobell settlement. See Compl. (Doc. 2) at 13
¶ III(A)(4), 14¶ IV, 16.
was no "Italian-American Paralegal Studies
Program." Fourstar links the two because funding for
each was cut. This does not support an inference that a
defendant engaged in invidious ethnic discrimination in
violation of federal law. Further, a prospective
student's interest in attending a particular degree
program does not confer "a legitimate claim of
entitlement" to the continuation of that program, see
Board of Regents of State Colleges v. Roth, 408 U.S.
564, 577 (1972), so Fourstar cannot claim he was deprived of
a property interest without due process.
complaint's allegations must "permit the court to
infer more than the mere possibility of misconduct."
Ashcroftv. Iqbal, 556 U.S. 662, 679 (2009) (emphasis added).
These allegations do not permit an inference of any
misconduct. They fail to state a claim on which relief may be
Claims by Other Persons
purports to make claims on behalf of two other persons. See
Compl. at 23-26, 32-36. He is not admitted to the Bar of this
Court and is not an attorney at law. He cannot litigate a
claim for another person. See 28 U.S.C. § 1654; D. Mont.
L.R. 83.8(a) (Dec. 1, 2017). These allegations fail to state
a claim on which relief may be granted.
Conditions of Confinement Claims
following allegations arise from two separate, brief periods
of detention on two serial petitions to revoke Fourstar5 s
federal supervised release. Pending hearings and disposition,
he was held at Crossroads Correctional Center in May 2017 and
again in November 2017. He asserts violations of his rights
under the "1st, 5th, 8th, 10th, and 14th Amendments of
United States and Montana Constitutions." See Compl. at
Medical and Dental Needs
alleges that Corrections Corporation of America and other
individual defendants are liable for failing to meet his
medical needs for surgery on both knees; knee braces and a
cane; psychiatric counseling; a Wellbutrin prescription; and
tuberculosis screening and treatment for his "TB
exposure & symptoms." He also contends defendants
failed to provide care "for Fourstar's severe dental
needs and pain." Compl. at 17-20.
persons responsible for Fourstar's custody under the
authority of a federal warrant and a federal judge's
order of detention, all defendants were acting under color of
federal law. If Fourstar has a cause of action at all, it
arises under Bivens v. Six Unknown Named Agents, 403
U.S. 388 (1971), the federal sometime-analogue to 42 U.S.C.
§ 1983. But unlike the alleged conduct in violation of
the Fourth Amendment in Bivens, the defendants' alleged
conduct here is "of a kind that typically falls within
the scope of traditional state tort law." Minecci v.
Pollard, 565 U.S. 118, 131 (2012). Bivens does not
provide a remedy. See Id. at 125-26;
Correctional Servs. Corp. v. Malesko, 534 U.S. 61,
70-73 (2001); see also Ziglar v. Abbasi, ___
U.S.___, 137 S.Ct. 1843, 1857-58 (2017). These allegations
fail to state a claim on which relief may be granted.
Right to Consult with Counsel
alleges Defendant Bush failed to provide "confidential
attorney- client communications/phone calls to his
attorney," Dwight Schulte, resulting in denial of his
right to a full and fair defense. Compl. at 20. The Court