Strahan v. St. Louis County Justice Center

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue as to defendant Fred Rottnek, who is alleged to be a doctor at the St. Louis County Justice Center. IT IS FURTHER ORDERED that plaintiff's claims against St. Louis County Justice Center are DISMISSED without prejudice. An Order of Partial Dismissal will be filed with this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 6/12/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEORGE R. STRAHAN,
Plaintiff,
v.
ST. LOUIS COUNTY JUSTICE
CENTER, et al.,
Defendants.

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No. 4:13CV448 FRB

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s second amended complaint. The
Court is required to review the complaint under 28 U.S.C. § 1915A and to dismiss it
if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
Plaintiff, a prisoner at St. Louis County Justice Center (“SLCJC”), brings this
action under 42 U.S.C. § 1983 for alleged deliberate indifference to his serious
medical needs. Plaintiff names SLCJC and Dr. Fred Rottnek as defendants. Plaintiff
alleges that he has several orthopedic problems, such as compression fractures of
multiple vertebrae and spinal disc problems, for which he was taking Vicodin and
Xanax before he was introduced to SLCJC. Plaintiff also says he has lung cancer.
Plaintiff claims he spoke with Rottnek about his pain and asked for his regular
medications. Plaintiff says Rottnek only provided him with less potent medications

that did not help his pain. And plaintiff alleges that his pain was so severe that he had
a seizure as a result.
Having reviewed the amended complaint, the Court finds that plaintiff’s claims
against Rottnek state a plausible claim of deliberate indifference under § 1983. As
a result, the Court will direct the Clerk to serve process on Rottnek.
Plaintiff’s claim against SLCJC is legally frivolous because it is not a suable
entity. Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 81 (8th Cir. 1992)
(departments or subdivisions of local government are “not juridical entities suable as
such.”). Therefore, the Court will dismiss plaintiff’s claims against SLCJC.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall issue process or cause
process to issue as to defendant Fred Rottnek, who is alleged to be a doctor at the St.
Louis County Justice Center.
IT IS FURTHER ORDERED that plaintiff’s claims against St. Louis County
Justice Center are DISMISSED without prejudice.
An Order of Partial Dismissal will be filed with this Memorandum and Order.
Dated this 12th day of June, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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