Aich v. Reno County Correctional Facility et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JESSE JOSEPH AICH,
Plaintiff,
v. 	CASE NO. 25-3248-JWL
RENO COUNTY CORRECTIONAL
FACILITY, et al.,
Defendants.
MEMORANDUM AND ORDER TO SHOW CAUSE
Plaintiff Jesse Joseph Aich is hereby required to show good cause, in writing to the
undersigned, why this action should not be dismissed due to the deficiencies in Plaintiff’s
Complaint that are discussed herein.
I. Nature of the Matter before the Court
Plaintiff filed this pro se civil rights case under 42 U.S.C. § 1983. Plaintiff is in custody at
the Reno County Correctional Facility in Hutchinson, Kansas (“RCCF”). 	The Court granted
Plaintiff leave to proceed in forma pauperis.1
Plaintiff alleges that in 2016 the RCCF allowed Turnkey to provide detainees’ families and
loved ones with the opportunity to purchase pictures on an electronic kiosk for the detainees.
(Doc. 1, at 2.) 	Plaintiff alleges that these pictures became his personal property. 	Id. 	Plaintiff
alleges that “at some time unknown to [him] they ‘switched systems’ and archived [his] pictures.”
Id. Plaintiff alleges that “they” refuse to “unarchive” the pictures. Id.
1 Plaintiff submitted a letter to the Clerk (Doc. 3) requesting various documents. The Court has provided Plaintiff
with a list of forms available from the Court, forms and instructions, and a copy of the Court’s Local Rules. The Court
will not be taking any further action on Plaintiff’s letter at Doc. 3.
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Plaintiff names the RCCF and Turnkey as Defendants and his Complaint contains a single
count. 	As Count I, Plaintiff alleges that his pictures were stolen and there was “extortion” by
attempting to make his loved ones repurchase the same pictures. Id. at 3. Plaintiff alleges that he
sent a request to the Turnkey representative and was told that the pictures are gone, and they are
not able to get them back. Id. For relief, Plaintiff wants his pictures back and to be reimbursed
for his costs and time suffering. Id. at 5.
II. Statutory Screening of Prisoner Complaints
The Court is required to screen complaints brought by prisoners seeking relief against a
governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a).
The Court must dismiss a complaint or portion thereof if a plaintiff has raised claims that are
legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that
seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1)–
(2).
“To state a claim under § 1983, a plaintiff must allege the violation of a right secured by
the Constitution and laws of the United States, and must show that the alleged deprivation was
committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988)
(citations omitted); Northington v. Jackson, 973 F.2d 1518, 1523 (10th Cir. 1992). 	A court
liberally construes a pro se complaint and applies “less stringent standards than formal pleadings
drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007). In addition, the court accepts
all well-pleaded allegations in the complaint as true. Anderson v. Blake, 469 F.3d 910, 913 (10th
Cir. 2006). On the other hand, “when the allegations in a complaint, however true, could not raise
a claim of entitlement to relief,” dismissal is appropriate. 	Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 558 (2007).
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A pro se litigant’s “conclusory allegations without supporting factual averments are
insufficient to state a claim upon which relief can be based.” 	Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991). “[A] plaintiff’s obligation to provide the ‘grounds’ of his ‘entitlement to
relief’ requires “more than labels and conclusions, and a formulaic recitation of the elements of a
cause of action.” 	Twombly, 550 U.S. at 555 (citations omitted). 	The complaint’s “factual
allegations must be enough to raise a right to relief above the speculative level” and “to state a
claim to relief that is plausible on its face.” Id. at 555, 570.
The Tenth Circuit Court of Appeals has explained “that, to state a claim in federal court, a
complaint must explain what each defendant did to [the pro se plaintiff]; when the defendant did
it; how the defendant’s action harmed [the plaintiff]; and, what specific legal right the plaintiff
believes the defendant violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163
(10th Cir. 2007). The court “will not supply additional factual allegations to round out a plaintiff’s
complaint or construct a legal theory on a plaintiff’s behalf.” Whitney v. New Mexico, 113 F.3d
1170, 1173-74 (10th Cir. 1997) (citation omitted).
The Tenth Circuit has pointed out that the Supreme Court’s decisions in Twombly and
Erickson gave rise to a new standard of review for § 1915(e)(2)(B)(ii) dismissals. 	See Kay v.
Bemis, 500 F.3d 1214, 1218 (10th Cir. 2007) (citations omitted); see also Smith v. United States,
561 F.3d 1090, 1098 (10th Cir. 2009). As a result, courts “look to the specific allegations in the
complaint to determine whether they plausibly support a legal claim for relief.” Kay, 500 F.3d at
1218 (citation omitted). Under this new standard, “a plaintiff must ‘nudge his claims across the
line from conceivable to plausible.’” Smith, 561 F.3d at 1098 (citation omitted). “Plausible” in
this context does not mean “likely to be true,” but rather refers “to the scope of the allegations in
a complaint: if they are so general that they encompass a wide swath of conduct, much of it
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innocent,” then the plaintiff has not “nudged [his] claims across the line from conceivable to
plausible.” Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 2008) (citing Twombly, 127 S.
Ct. at 1974).
III. DISCUSSION
Plaintiff’s single count in this case claims that his pictures were taken. Plaintiff’s property
claim is subject to dismissal. Deprivations of property do not deny due process as long as there is
an adequate post-deprivation remedy. 	A due process claim will arise only if there is no such
procedure or it is inadequate. See Hudson v. Palmer, 468 U.S. 517, 533 (1984); see also Smith v.
Colorado Dep’t of Corr., 23 F.3d 339, 340 (10th Cir. 1994) (“Fourteenth Amendment due process
guarantees pertaining to property are satisfied when an adequate, state postdeprivation remedy
exists for deprivations occasioned by state employees.”).
Kansas prisoners have an adequate state post-deprivation remedy. See generally, Sawyer
v. Green, 316 F. App’x 715, 717, 2008 WL 2470915, at *2 (10th Cir. 2008) (finding Kansas county
prisoner could seek relief in state courts to redress alleged deprivation of property). Plaintiff has
failed to allege that an adequate post-deprivation remedy is unavailable. 	Because an adequate,
state post-deprivation remedy exists, Plaintiff must show good cause why his property claim
should not be dismissed for failure to state a claim.
IV. Response Required
Plaintiff is required to show good cause why his Complaint should not be dismissed for the
reasons stated herein. 	Failure to respond by the deadline may result in dismissal of this matter
without further notice for failure to state a claim.
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IT IS THEREFORE ORDERED BY THE COURT that Plaintiff is granted until
December 18, 2025, in which to show good cause, in writing to the undersigned, why Plaintiff’s
Complaint should not be dismissed for the reasons stated herein.
IT IS SO ORDERED.
Dated November 18, 2025, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
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