White v. Terrebonne Parish Jail Ashland

Filing 9

ORDER AND REASONS ADOPTING 5 REPORT AND RECOMMENDATIONS. IT IS ORDERED that Plaintiff's 7 objections are OVERRULED. IT IS ORDERED that Plaintiff's claim against the Terrebonne Parish Criminal Justice Complex is DISMISSED WITH PREJUDICE. Signed by Judge Ivan L.R. Lemelle on 11/1/2016.(mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DANIEL J. WHITE, III

CIVIL ACTION

VERSUS

NO. 16-14115

TERREBONNE PARISH JAIL

SECTION “B” (5)
ORDER AND REASONS

Before the Court is Plaintiff Daniel J. White’s pro se and in
forma pauperis 42 U.S.C. § 1983 action against defendant Terrebonne
Parish Criminal Justice Complex in Ashland, Louisiana. Rec Doc. 1.
The Magistrate Judge issued a Report and Recommendation (“Report”)
to dismiss the action with prejudice pursuant to 28 U.S.C. §
1915(e)(2)(B)(i) and (ii) as frivolous and for failing to state a
claim upon which relief can be granted. Rec. Doc. 5. In response
to the Report, Plaintiff timely filed objections and requested
that this Court consider his case. Rec. Doc. 7.
For the reasons outlined below, IT IS ORDERED that:
(1) Plaintiff’s objections are OVERRULED;
(2) The Magistrate Judge’s Report and Recommendations are
ADOPTED as the opinion of the court, with clarification in response
to the Plaintiff’s objections; and
(3) Plaintiff’s claim against the Terrebonne Parish Criminal
Justice Complex is DISMISSED WITH PREJUDICE.

Plaintiff has been an inmate of Terrebonne Parish Jail since
an arrest on February 19, 2016. Rec. Doc. 1 at 2. He filed an in
forma pauperis complaint under the Civil Rights Act, 42 U.S.C. §
1983, on June 21, 2016 1 using a standard filing form. Rec. Doc. 1.
Plaintiff was sent a Notice of Deficient Filing and instructed to
transpose the named defendant on the first page of the form to the
defendant list on the fourth page. Rec. Doc. 3 at 4. Plaintiff
timely

complied.

Rec.

Doc.

6.

The

Report

cited

Plaintiff’s

complaint for failing to state the facts relied on in support of
his case. Rec. Doc. 5 at 1. This section was left blank on the
standard filing form and was not identified as deficient in the
Notice of Deficient Filing. Rec. Doc. 1 at 5; Rec. Doc 3.
In his timely Objection to the Report, Plaintiff stated a
“summary of the case” that detailed the “facts of [his] case which
relief can be granted.” Rec. Doc. 7 at 1. He now alleges as a basis
for his claim that he was denied permission to attend the burial
of his wife while detained in the Terrebone Parish Criminal Justice
Complex. Id. However, the Objection to the Report does not identify
any participating officer by name and only names as defendant the
Terrebone Parish Criminal Justice Complex. Id. He also alleges
another inmate was granted permission to attend his relative’s
funeral. Id.

1

The complaint was filed by the court on August 24, 2016, but the signature
date is used as the filing date under the Mailbox Rule.

2

An in forma pauperis complaint may be dismissed pursuant to
28 U.S.C. § 1915(e)(2) if the court determines that “(A) the
allegation of poverty is untrue; or (B) the action or appeal— (i)
is frivolous or malicious; (ii) fails to state a claim on which
relief can be granted; or (iii) seeks monetary relief against a
defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2).
For a proper complaint under 42 U.S.C. § 1983, a plaintiff
must allege that the defendant 1) is a person acting under color
of state law and in accordance with an established state procedure,
and 2) deprived him of the rights, privileges, or immunities
secured by the Constitution or laws of the United States. Parratt
v. Taylor, 451 U.S. 527, 535 (1981), overruled in part on other
grounds,

Daniels

v.

Williams,

474

U.S.

327,

330

(1986).

Correctional facilities are not considered “persons” within the
meaning of § 1983, because such facility is not a juridical person
capable of being sued. Smith v. Terrebonne Parish Criminal Justice
Complex, No. 14-CV-2207, 2014 WL 5780696 at *2 (E.D. La. Nov. 4,
2014); Coleman v. Terrebonne Parish Criminal Justice Complex, No.
13-CV-4325, 2013 WL 6004051 at *5 (E.D. La. Nov. 13, 2013).
In his § 1983 complaint and his Objection to the Report,
Plaintiff

named

Terrebone

Parish

Criminal

Justice

Complex

as

defendant. Rec. Doc. 6; Rec. Doc. 7. Plaintiff failed to identify
any state actors by name as defendants, even though he alleged
that at least one officer was involved in his injury. Rec. Doc. 6;
3

Rec. Doc. 7 at 1. Because Plaintiff has not specifically named a
person as defendant, his in forma pauperis complaint fails to state
a claim upon which relief can be granted. Any claim against
Terrebone Parish Criminal Justice Complex cannot stand because the
facility is not a proper defendant under any circumstances. 2
Further, there is no federal or constitutional right that
mandates jailers to allow inmates to attend a relative’s funeral.
Billizone v. Jefferson Parish Correctional Center, Civil Action
No. 14-2594, 2015 WL 966149, at *9 (E.D. La. March, 4, 2015).

New Orleans, Louisiana, this 1st day of November, 2016.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

Dismissal will be more appropriate than a remand because the statement
of facts in noted Objection to the Report fail to specifically identify
officer(s) allegedly involved in his injury; and the claim lacks legal
support.
2

4