Mosley v. Sheridan Detention Center

Filing 7

ORDER dismissing party The Sheridan Detention Center with prejudice and DISMISSING CASE for failure to state a claim upon which relief may be granted. This dismissal is a strike. 28 U.S.C. § 1915(g). Signed by Judge D. P. Marshall Jr. on 10/15/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CODY MOSLEY

v.

PLAINTIFF
No. 5:13-cv-236-DPM-JTK

SHERIDAN DETENTION CENTER;
SHANE, Officer, Sheridan Detention
Center

DEFENDANTS

ORDER
1.

Mosley filed this pro se § 1983 action against the Sheridan

Detention Center, alleging he never received a tuberculosis test and the
Center lacked tuberculosis lights. N2 2. Pursuant to the Court's Order, N2 3,
Mosley amended his complaint and added Officer Shane as a defendant. N2
4. The Court must screen Mosley's amended allegations. 28 U.S.C. § 1915A.

2.

The Sheridan Detention Center is not a person within the meaning

of§ 1983 and cannot be sued. Owens v. Scott County Jail, 328 F.3d 1026, 1027
(8th Cir. 2003). The Center is therefore dismissed with prejudice.
3.

Mosley's claim that he was not provided a tuberculosis test or

tuberculosis lighting at the Center fails to state a claim upon which relief may
be granted. It is unclear whether Mosley is a pretrial detainee or a convicted
prisoner. N2 2 & 4. But the same deliberate-indifference standard applies to

both. Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003); Whitnack

v. Douglas County, 16 F.3d 954, 957 (8th Cir. 1994). Mosley does not allege he
was deprived the minimal civilized measure of life's necessities, or exposed
to a substantial risk of harm, or that Officer Shane acted with deliberate
indifference to his health or safety. Smith v. Copeland, 87F.3d 265,268 (8th Cir.
1996). He does not allege that he suffers from tuberculosis symptoms or that
he was exposed to tuberculosis from other inmates. He has therefore failed
to state a plausible due process claim.

***
Mosley's complaint is dismissed for failing to state a claim upon which
relief may be granted. This dismissal is a strike. 28 U.S.C. § 1915(g).
So Ordered.
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D.P. Marshall Jr.
United States District Judge
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