Carter v. Livingston et al

Filing 89

ORDER OVERRULING OBJECTIONS AND ADOPTING 67 REPORT AND RECOMMENDATIONS. A PARTIAL JUDGMENT will be entered in accordance with the recommendations of the Magistrate Judge. Signed by District Judge Ron Clark on 9/16/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
FREDERICK CARTER

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VS.

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BRAD LIVINGSTON, et al.,

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CIVIL ACTION NO. 9:17-CV-40

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Frederick Carter, an inmate formerly confined at the Polunsky Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed this civil rights complaint pursuant to 42 U.S.C. § 1983 against several defendants.
The Court referred this matter to the Honorable Zack Hawthorn United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court.
The Magistrate Judge recommends plaintiff’s claims against Quality Services and Risk Management,
Polunsky Officials and TDCJ, Polunsky Grievance Coordinator and TDCJ, and TDCJ Polunsky
Security should be dismissed for failure to state a claim and as frivolous.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Plaintiff filed
objections to the Report and Recommendation of United States Magistrate Judge (docket entry no.
73). This requires a de novo review of the objections in relation to the pleadings and applicable law.
See FED. R. CIV. P. 72(b).
As outlined by the Magistrate Judge, these defendants are not separate legal entities having
jural authority. See, e.g., Bridges v. Rossie, No. 3:96cv448, 1998 WL 241242 at *5 (N.D. Tex. May
6, 1998) (holding that Dallas Police Department lacks jural existence and the capacity to be sued);
Magnett v. Dallas County Sheriff’s Department, No. 3:96cv3191, 1998 WL 53555 at *1 (N.D. Tex.
Jan. 20, 1998) (holding that neither the Dallas County Sheriff’s Department nor the Dallas County
Sheriff’s Department Detention Services Bureau has the legal authority to engage in separate

litigation); Jacobs v. Port Neches Police Department, 915 F. Supp. 842, 844 (E.D. Tex. 1996)
(holding that county sheriff’s department and county district attorney’s office are not legal entities
capable of suing or being sued). Plaintiff has failed to show these entities have the capacity to be
sued.
ORDER
Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and conclusions
of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED.
A PARTIAL JUDGMENT will be entered in accordance with the recommendations of the
Magistrate Judge.

So Ordered and Signed
Sep 16, 2019

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