Lewis v. Dickson County Jail

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Kevin H. Sharp on 12/12/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

SHAUN PATRICK LEWIS
Plaintiff,

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v.
DICKSON COUNTY JAIL
Defendant.

No.3:13-1353
Judge Sharp

M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the Dickson
County Jail in Charlotte, Tennessee. He brings this action pursuant
to 42 U.S.C. § 1983 against the Dickson County Jail, seeking
injunctive relief and damages.
The

plaintiff

claims

that

he

has

been

wrongly

denied

medication for his psychiatric problems.
To establish a claim for § 1983 relief, the plaintiff must
plead and prove that a person or persons, while acting under color
of

state

law,

deprived

him

of

some

right

guaranteed

by

the

Constitution or laws of the United States. Parratt v. Taylor, 451
U.S. 527, 535 (1981).
A county jail or workhouse is not a person that can be sued
under 42 U.S.C. § 1983. Rhodes v.McDannel, 945 F.2d 117, 120 (6th
Cir. 1991); see also Petty v. County of Franklin, Ohio, 478 F.3d
341, 347 (6th Cir. 2007)(a county sheriff’s department is also not

a “person” subject to liability

under § 1983). Of course, giving

this pro se pleading a liberal construction, the Court could
construe the complaint as an attempt to state a claim against
Dickson County, the entity responsible for the operation of the
Jail. However, for Dickson County to be liable, the plaintiff would
have to allege and prove that his constitutional rights were
violated pursuant to a “policy statement, ordinance, regulation or
decision officially adopted and promulgated” by the county. Monell
v. Department of Social Services, 436 U.S. 658, 689-690 (1978). No
such allegation appears in the complaint. Therefore, the plaintiff
has failed to state a claim upon which relief can be granted.
Under such circumstances, the Court is obliged to dismiss the
complaint sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

______________________________
Kevin H. Sharp
United States District Judge