Clifton v. Bailey et al

Filing 19

ORDER: Opposed partial recommendation, 6 , adopted on de novo review. Clifton's objection, 8 , is overruled. Clifton's claims against all defendants in their official capacities are dismissed without prejudice. His 1983 claims against the Mississippi County Detention Center are dismissed with prejudice because the jail can't be sued. Signed by Judge D. P. Marshall Jr. on 3/17/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

CURTIS WAYNE CLIFTON
ADC #650436

v.

PLAINTIFF

No. 3:15-cv-31-DPM-BD

OCTA VIOUS BAILEY, C.O., Mississippi
County Detention Center; ALONZO
CUMMINGS, C.O., Mississippi County
Detention Center; PEGGY SOWARD,
Sergeant, Mississippi County Detention
Center; LUTHER WHITFIELD, Lieutenant,
Mississippi County Detention Center; and
MISSISSIPPI COUNTY DETENTION CENTER

DEFENDANTS

ORDER
Opposed partial recommendation, NQ 6, adopted on de novo review.
FED. R. CIV. P. 72(b)(3). Clifton's objection, NQ 8, is overruled. Assuming that
the defendants violated the facility's professional standards, challenging their
actions is not a claim about a county policy or custom. Jenkins v. County of

Hennepin, Minnesota, 557 F.3d 628,632 (8th Cir. 2009). Clifton's claims against
all defendants in their official capacities are dismissed without prejudice. His
§ 1983 claims against the Mississippi County Detention Center are dismissed

with prejudice because the jail can't be sued.
So Ordered.

r.

pl?WJMd.J/

D.P. Marshall Jr.
United States District Judge
17 March 2015

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