Campbell v. Cuyahoga County Correction Center

Filing 4

Opinion and Order. Plaintiff's Complaint fails to state a plausible claim for relief under §1983 and this action is dismissed pursuant to 28 U.S.C. §1915A. The Court further certifies, pursuant to 28 U.S.C. §1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 2/9/2017. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DEESHAWN CAMPBELL,
Plaintiff,
v.
CUYAHOGA COUNTY
CORRECTIONS CENTER,
Defendant.

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CASE NO. 1: 16 CV 2619
JUDGE CHRISTOPHER A. BOYKO

OPINION AND ORDER

CHRISTOPHER A. BOYKO, J.:
Pro se Plaintiff Deeshawn Campbell has filed this civil rights action under 42 U.S.C.
§1983 against the Cuyahoga County Corrections Center (the County Jail) . He complains
about numerous conditions in the County Jail and contends the conditions violate civil rights
of pretrial detainees.
Although pro se pleadings liberally construed, Williams v. Curtin, 631 F.3d 380 (6th
Cir. 2011), Federal District Courts are expressly required to screen all actions in which a
prisoner seeks redress from a governmental entity and dismiss before service any such action
that the Court determines is frivolous or malicious, fails to state a claim on which relief may
be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28
U.S.C. §1915A; Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010).

This action must be summarily dismissed. A county jail is not a legal entity capable of
being sued for purposes of a civil rights action under §1983. See Jackson v. Mowry, No. 1:12
CV 3083, 2013 WL 526916, at *3 (N.D. Ohio Feb. 11, 2013); Boggs v. Miami Cty. Jail, No.
3:11 CV 00122, 2011 WL 3813079, at *2 (S.D. Ohio Aug. 9, 2011) (a county jail “is merely
an administrative vehicle” by which a county operates and therefore “lacks the capacity to be
sued”), report and recommendation adopted, No. 3:11 CV 00122, 2011 WL 3813033 (S.D.
Ohio Aug. 29, 2011).
Even assuming the Plaintiff’s action could be construed against Cuyahoga County, as
the municipal entity that operates the County Jail, his action must still be dismissed. A local
government may be liable under §1983 only when its own official policy or custom inflicts the
injury that forms the basis of the claim. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 691
(1978). The Plaintiff’s allegations do not plausibly suggest that the conditions in the County
Jail of which he complains were caused by a policy or custom of Cuyahoga County itself.
Conclusion
Accordingly, the Plaintiff’s Complaint fails to state a plausible claim for relief under
§1983 and this action is dismissed pursuant to 28 U.S.C. §1915A. The Court further certifies,
pursuant to 28 U.S.C. §1915(a)(3) that an appeal from this decision could not be taken in
good faith.
IT IS SO ORDERED.

s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge
Dated: February 9, 2017
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