DeShields v. Tirado-Montes et al

Filing 6

ORDER dismissing Hardee Correctional Institution, the Florida Department of Corrections, and the State of Florida. DeShields may pursue the claims against only Dr. Tirado-Montes. Signed by Judge Steven D. Merryday on 6/21/2011. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JEFFERY DeSHIELDS,
Plaintiff,
v.

Case No. 8:11-cv-598-T-23TBM

DR. R. TIRADO-MONTES,
Defendant.
/

ORDER
DeShields's complaint alleges that the defendants violated his civil rights by Dr.
Tirado-Montes’ cancellation of DeShields prescribed medication, the absence of which
caused inflammation and pain until the medication was restored a month later and after
DeShields was rushed to the hospital emergency room. DeShields was granted leave
to proceed in forma pauperis (Doc. 5) and he paid the required initial installment toward
the filing fee.
The Prisoner Litigation Reform Act requires dismissal of an in forma pauperis
prisoner's case "if the allegation of poverty is untrue" or if the case "is frivolous or
malicious, fails to state a claim on which relief may be granted, or seeks monetary relief
against a defendant who is immune from such relief." 28 U.S.C. § 1915(e). Although
entitled to a lenient construction, Haines v. Kerner, 404 U.S. 519 (1972) (per curiam),
service on some of the defendants is not warranted.

In addition to Dr. Tirado-Montes, DeShields also names the Hardee Correctional
Institution, the Florida Department of Corrections, and the State of Florida as
defendants. Neither the Hardee Correctional Institution nor the Florida Department of
Corrections is an entity subject to suit in its own name. Instead, each is a component of
the State of Florida. But the Eleventh Amendment protects the State of Florida from suit
in federal court for monetary damages. Will v. Michigan Dep't. of State Police, 491 U.S.
58 (1989); Quern v. Jordan, 440 U.S. 332 (1979). Consequently, DeShields cannot
pursue a claim for monetary damages, which is the relief he requests, against either the
Hardee Correctional Institution, the Florida Department of Corrections, or the State of
Florida.
Accordingly, the Hardee Correctional Institution, the Florida Department of
Corrections, and the State of Florida are DISMISSED from this case. DeShields may
pursue his claim only against Dr. Tirado-Montes.
ORDERED in Tampa, Florida, on June 21, 2011.

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