Lewis v. Vanderbilt University

Filing 3

MEMORANDUM signed by Chief Judge Todd J. Campbell on 5/8/2012. (xc:Pro se party by regular and certified mail.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

CURTIS LEWIS
Plaintiff,
v.
VANDERBILT UNIVERSITY MEDICAL
CENTER
Defendant.

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No. 3:12-0435
Judge Campbell

M E M O R A N D U M
The plaintiff, proceeding pro se, is a resident of Nashville.
He brings this action pursuant to 42 U.S.C. § 1983 against the
Vanderbilt University Medical Center, seeking damages.
In July, 2011, the plaintiff sought medical treatment at the
Vanderbilt University Medical Center for injuries he sustained in
an automobile accident. Apparently, the plaintiff is not satisfied
with the care he received there and accuses the defendant of
medical malpractice and negligence.
In order to establish a claim for relief under § 1983, the
plaintiff must plead and prove that the defendant, while acting
under color of state law, deprived him of some right or privilege
secured by the Constitution or laws of the United States. Parratt
v. Taylor, 101 S.Ct. 1908, 1913 (1981).
The defendant is a building and not a person that can be sued
under 42 U.S.C. § 1983. See e.g., Rhodes v.McDannel, 945 F.2d 117,

120 (6th Cir. 1991)(a county jail is not a person subject to suit
under § 1983). Nor was the defendant, as a private entity, acting
under color of state law when it provided the plaintiff with
medical care. Consequently, the plaintiff has failed to state a
claim upon which § 1983 relief can be granted.
When a plaintiff proceeding in forma pauperis, as is the case
here, has failed to state a claim for relief, the Court is obliged
to dismiss the instant action sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Todd Campbell
United States District Judge