Tony Anthony Day v. Minnehaha County, et al


PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4361331] [15-1667]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1667 ___________________________ Tony Anthony Day lllllllllllllllllllll Plaintiff - Appellant v. Minnehaha County; Minnehaha County Jail; Correct Care Solutions lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of South Dakota - Sioux Falls ____________ Submitted: January 26, 2016 Filed: January 29, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Tony Day appeals after the District Court1 granted the defendants’ motions for judgment on the pleadings in Day’s 42 U.S.C. § 1983 action related to medical care 1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. Appellate Case: 15-1667 Page: 1 Date Filed: 01/29/2016 Entry ID: 4361331 he received at a county jail. After de novo review, we conclude that the motions were properly granted. See Greenman v. Jessen, 787 F.3d 882, 887 (8th Cir. 2015) (standard of review); see also Bd. of the Cty. Comm’rs v. Brown, 520 U.S. 397, 403–04 (1997) (discussing municipal liability under § 1983); Owens v. Scott Cty. Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (per curiam) (noting that “county jails are not legal entities amenable to suit”); Smith v. Insley’s Inc., 499 F.3d 875, 880 (8th Cir. 2007) (discussing liability of corporations under § 1983). We affirm the judgment. ______________________________ -2- Appellate Case: 15-1667 Page: 2 Date Filed: 01/29/2016 Entry ID: 4361331

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