Tony Anthony Day v. Minnehaha County, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4361331] [15-1667]

United States Court of Appeals
For the Eighth Circuit
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No. 15-1667
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Tony Anthony Day
lllllllllllllllllllll Plaintiff - Appellant
v.
Minnehaha County; Minnehaha County Jail; Correct Care Solutions
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: January 26, 2016
Filed: January 29, 2016
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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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

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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.
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Appellate Case: 15-1667

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Date Filed: 01/29/2016 Entry ID: 4361331