Corley v. Prentiss Griffith Detention Center et al (INMATE 2)

Filing 29

ORDER GRANTING 9 MOTION to Amend to name the Russell County Commission as a defendant; REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Plf's claims against the Prentiss Griffith Detention Center and the Russell County Commissio n be DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(A)(b)(1); (2) the Prentiss Griffith Detention Center and the Russell County Commission be DISMISSED as defendants to this cause of action; and (3) this case regarding plf's claims against the remaining defs be referred to the undersigned for further proceedings; Objections to R&R due by 7/13/2015. Signed by Honorable Judge Charles S. Coody on 6/29/15. (djy, ) .

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
HERMAN R. CORLEY, JR.,
Plaintiff,
v.
PRENTISS GRIFFITH DETENTION
CENTER, et al.,
Defendants.

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CIVIL ACTION NO. 3:15-CV-165-MHT
[WO]

ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff is an inmate incarcerated at the Kilby Correctional Facility in Mt. Meigs,
Alabama. While incarcerated at the Prentiss Griffith Detention Center in Phenix City, Alabama,
he filed this captioned action in the Circuit Court for Russell County, Alabama. Defendants filed
notice of removal on March 16, 2015, under 28 U.S.C. § 1441 and 28 U.S.C. § 1367.
Plaintiff files this complaint alleging that rights, privileges, or immunities afforded him
under the Constitution or laws of the United States and state law were abridged due to the
conduct and actions of Defendants during his incarceration at the county detention facility.
Plaintiff names as one of the defendants the Prentiss Griffith Detention Center. Also pending is
Plaintiff’s motion to amend to name the Russell County Commission as a defendant. Upon
consideration of the motion, it is
ORDERED that the motion (Doc. No. 9) is GRANTED.
Upon review of the complaint, and amendments thereto, the court concludes that
Plaintiff’s claims against the Russell County Commission and the Prentiss Griffith Detention

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Center should be dismissed prior to service of process under the directives of 28 U.S.C. §
1915(A).1
I. DISCUSSION
A. The Prentiss Griffith Detention Center
The Prentiss Griffith Detention Center is not a legal entity and, therefore, is not subject to
suit or liability under § 1983. See Dean v. Barber, 951 F.2d 1210, 1214-1215 (11th Cir. 1992)
(holding that Alabama sheriffs’ departments and police departments are not legal entities subject
to suit or liability under § 1983). In light of the foregoing, the court concludes that Plaintiff's
claims against this defendant should be dismissed. Id.
B. The Russell County Commission
Plaintiff names the Russell County Commission as a defendant. He alleges that the
Commission has the duty of maintaining the county jail and has a duty to inspect and order
needed repairs. Doc. No. 9. County commissions, however, cannot be held liable for actions
undertaken during the daily operation of a county jail. Turquitt v. Jefferson County, Alabama,
137 F.3d 1285, 1289 (11th Cir. 1998). A county commission is a representative of the county,
and the county may not be held liable for constitutional violations that occurred at the county jail
because the operation of county jails is the sheriff’s responsibility and falls under state control.

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 28 U.S.C. 1915(A) provides:
(a) Screening.--The court shall review, before docketing, if feasible or, in any event, as
soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks
redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for dismissal.--On review, the court shall identify cognizable claims or
dismiss the complaint, or any portion of the complaint, if the complaint-(1) is frivolous, malicious, or fails to state a claim upon which relief
may be granted; or
(2) seeks monetary relief from a defendant who is immune from such
relief.
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Id. Moreover, county commissioners are entitled to absolute immunity under § 1983 for claims
arising from the appropriation of funds for the maintenance of a county jail. Woods v. Garner,
132 F.3d 1417, 1420 (11th Cir. 1998) (“The budgetary decisions made by defendants for funding
the county--including the jail--are legislative acts protected by legislative immunity.”). Thus,
Plaintiff’s claims against the Russell County Commission are due to be dismissed.
II. CONCLUSION
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
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Plaintiff's claims against the Prentiss Griffith Detention Center and the Russell

County Commission be DISMISSED with prejudice prior to service of process under 28 U.S.C.
§ 1915(A)(b)(1);
2.

The Prentiss Griffith Detention Center and the Russell County Commission be

DISMISSED as defendants to this cause of action; and
3. This case regarding Plaintiff’s claims against the remaining defendants be referred to
the undersigned for further proceedings.
It is further
ORDERED that on or before July 13, 2015, the parties may file an objection to the
Recommendation. Any objection filed must specifically identify the findings in the Magistrate
Judge’s Recommendation to which a party objects. Frivolous, conclusive or general objections
will not be considered by the District Court. The parties are advised this Recommendation is not
a final order and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and advisements in the
Magistrate Judge’s Recommendation shall bar the party from a de novo determination by the
District Court of issues covered in the Recommendation and shall bar the party from attacking on

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appeal factual findings in the Recommendation accepted or adopted by the District Court except
upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir.
1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v.
City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of
the decisions of the former Fifth Circuit handed down prior to the close of business on
September 30, 1981.
Done this the 29th day of June, 2015.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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