Alford v. Pike County Detention Center et al

Filing 23

ORDER DISMISSING PIKE COUNTY DETENTION CENTER and PIKE COUNTY SHERIFF'S DEPARTMENT. Pike County Detention Center and Pike County Sheriff's Department terminated. Signed by Honorable David C. Bramlette, III on February 12, 2016 (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

HENRY HINTON, JR., # 200283
VERSUS

PLAINTIFF
CIVIL ACTION NO. 5:15cv77-DCB-MTP

PIKE COUNTY DETENTION CENTER,
PIKE COUNTY SHERIFF’S
DEPARTMENT, and PIKE COUNTY

DEFENDANTS

ORDER DISMISSING PIKE COUNTY
DETENTION CENTER AND SHERIFF’S DEPARTMENT
This pro se prisoner case is before the Court, sua sponte, for consideration of partial
dismissal. Plaintiff Henry Hinton, Jr., is incarcerated with the Mississippi Department of
Corrections, and he challenges the conditions of his prior confinement at the Pike County
Detention Center. The Court has considered and liberally construed the pleadings.
Plaintiff filed his Complaint on August 19, 2015. Among others, he sues the Pike County
Detention Center and the Pike County Sheriff’s Department. Mississippi law determines
whether he can sue the jail and Sheriff’s Department. Fed. R. Civ. P. 17(b)(3). Under
Mississippi law, neither county jail nor a Sheriff’s Department is a separate legal entity which
may be sued, rather they are extensions of the county. Tuesno v. Jackson, No. 5:08cv302-DCBJMR, 2009 U.S. Dist. LEXIS 61416 at *2-3 (S.D. Miss. Apr. 30, 2009); Brown v. Thompson,
927 So. 2d 733, 737 (¶12) (Miss. 2006). Therefore, the jail and Sheriff’s Department are
dismissed. The remainder of this case shall proceed.
IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons stated above,
Defendants Pike County Detention Center and Pike County Sheriff’s Department should be, and
are hereby, DISMISSED. The remainder of the case shall proceed.

SO ORDERED AND ADJUDGED, this the 12th day of February, 2016.
s/David Bramlette
UNITED STATES DISTRICT JUDGE

2