Ekanem v. Harris County Sheriffs Jail et al

Filing 12

ORDER OF DISMISSAL. Accordingly, it is ORDERED that Ekanems claims against the Harris County Sheriffs Department are DISMISSED pursuant to 28 U.S.C. § 1915A....*** Case terminated on 6/28/18. Email sent to Manager of Three Strikes List. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SHANNON ENO EKANEM,
Plaintiff,
VS.
HARRIS COUNTY SHERIFFS JAIL, et al,
Defendants.

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June 28, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 4:18-CV-788

ORDER OF DISMISSAL
Shannon Eno Ekanem is an inmate in the Harris County Jail. He filed a complaint under
42 U.S.C. § 1983 alleging violations of his rights by Jail Detention Officer Holly, and by the
Harris County Sheriff’s Department. This Court previously dismissed Ekanem’s claims against
Holly as barred by the Eleventh Amendment.
Section 1915A of title 28 of the United States Code requires a federal district court to
“review . . . a complaint in a civil action in which a prisoner seeks redress from a governmental
entity or officer or employee of a governmental entity.” If the complaint presents no cognizable
claims, the court must dismiss the complaint. Ekanem’s allegations against the Harris County
Sheriff’s Department fail to state a claim.
A municipality can be found liable under § 1983 only where the municipality itself
causes the constitutional violation at issue. Respondeat superior or vicarious liability will not
attach under § 1983. Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694-95
(1978). Ekanem asserts that the Sheriff’s Department, an agency of Harris County, Texas, is
liable solely because the alleged assault was committed by one of its officers. See Plaintiff’s
More Definite Statement (Doc. # 11), at 2. He does not allege that any departmental policy,
custom, or practice led to the alleged assault. This is merely a claim of vicarious liability, and is

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not cognizable under § 1983. Accordingly, it is ORDERED that Ekanem’s claims against the
Harris County Sheriff’s Department are DISMISSED pursuant to 28 U.S.C. § 1915A.
It is so ORDERED.
SIGNED on this 28th day of June, 2018.
___________________________________
Kenneth M. Hoyt
United States District Judge

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