Ekanem v. Harris County Sheriffs Jail et al

Filing 7

MEMORANDUM AND ORDER. Ekanems claim against the Harris County Jail is not cognizable. Ekanem seeks money damages from defendant Holly. Because the Eleventh Amendment bars Ekanems claim for money damages against Holly in his official capacity, this c laim must be dismissed. Accordingly, it is ORDERED that the complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A. Ekanem may file an amended complaint and move to re-open the case within 30 days of the date of this Order....*** 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 06, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 4:18-CV-788

MEMORANDUM AND ORDER
Shannon Eno Ekanem was, at all times relevant to this action, an inmate in the Harris
County Jail. He filed a complaint under 42 U.S.C. § 1983 alleging the use of excessive force by
a Harris County Detention Officer. The defendants are Detention Officer Holly and the Harris
County Jail. Ekanem sues each defendant in his or its official capacity.
When a plaintiff proceeds in forma pauperis, 28 U.S.C. § 1915(e) requires a federal
district court to dismiss a case if the action fails to state a claim on which relief may be granted,
or seeks monetary relief against a defendant who is immune from such relief.

Ekanem’s

complaint must be dismissed under section 1915(e).
Ekanem’s claim against the Harris County Jail is not cognizable. A jail is not a juridical
entity and cannot be sued. See, e.g., Jones v. St. Tammany Parish Jail, 4 F.Supp.2d 606, 613
(E.D. La. 1998).
Ekanem seeks money damages from defendant Holly. The Eleventh Amendment bars
suits for money damages by individuals against state officials in their official capacities. See
Will v. Michigan Dep’t of State Police, 491 U.S. 58, 66 (1989); Pennhurst State Schl. & Hosp. v.
Halderman, 465 U.S. 89, 98-99 (1984). Because the Eleventh Amendment bars Ekanem’s claim
for money damages against Holly in his official capacity, this claim must be dismissed.
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Accordingly, it is ORDERED that the complaint is DISMISSED without prejudice
pursuant to 28 U.S.C. § 1915A. Ekanem may file an amended complaint and move to re-open
the case within 30 days of the date of this Order.
It is so ORDERED.
SIGNED on this 5th day of June, 2018.
___________________________________
Kenneth M. Hoyt
United States District Judge

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