Smith v. State of Mississippi et al

Filing 16

ORDER dismissing Defendant State of Mississippi. Signed by District Judge Carlton W. Reeves on 9/16/2022. (RY)

Case 3:22-cv-00409-CWR-LGI Document 16 Filed 09/16/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
DORAN MAURICE SMITH,
Plaintiff,
NO. 3:22-cv-409-CWR-LGI

v.
STATE OF MISSISSIPPI, ET AL.,
Defendant.

ORDER DISMISSING DEFENDANT STATE OF MISSISSIPPI
Pro se Plaintiff Doran Maurice Smith, an inmate of the Madison County Detention
Center in Canton, Mississippi, brings this Complaint pursuant to 42 U.S.C. § 1983. Smith is
proceeding in forma pauperis (“IFP”). See Order [13]. Smith names as defendants: the State of
Mississippi; Randy Harris; Sheriff Randall Tucker; Madison County, Mississippi; Officer
Curtis Chism; Judge Brad Mills; Merit Health; and Nurse Charlene Burt. See Order [15].
Under the Prison Litigation Reform Act, a district court may dismiss an IFP complaint
“at any time” if the complaint is “frivolous, malicious, or fails to state a claim upon which
relief may be granted.” Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013) (citing Jones v. Bock,
549 U.S. 199, 202 (2007) (holding that Prison Litigation Reform Act mandates early judicial
screening of prisoner complaints)). Since Smith is incarcerated and proceeding IFP, his
Complaint is subject to screening under the Prison Litigation Reform Act.
Smith seeks relief under § 1983, which provides, “[e]very person who, under color of
[state law], subjects . . . any citizen . . . thereof to the deprivation of any rights, privileges, or

Case 3:22-cv-00409-CWR-LGI Document 16 Filed 09/16/22 Page 2 of 2

immunities secured by the Constitution and laws, shall be liable to the party injured.” 42
U.S.C. § 1983 (emphasis added). The State of Mississippi is not “amenable to suit under this
statute, because ‘a State is not a person within the meaning of § 1983.’” Wedgeworth v.
Mississippi, No. 3:17-cv-730-CWR-FKB, 2018 WL 1463496, at *4 (S.D. Miss. Mar. 23, 2018)
(citing Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64 (1989)). Smith therefore may not
maintain this § 1983 suit against the State of Mississippi.
IT IS THEREFORE ORDERED AND ADJUDGED that the State of Mississippi is
dismissed as a defendant.
SO ORDERED AND ADJUDGED this the 16th day of September, 2022.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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