Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Isaac v. Gualtieri

United States District Court, M.D. Florida, Tampa Division

June 24, 2019

KEYTRIC ISAAC, Plaintiff,
v.
BOB GUALTIERI, et al., Defendants.

          ORDER

          WILLIAM F. JUNG JUDGE

         Before the Court is Plaintiffs, a pretrial detainee, civil rights complaint filed pursuant to 42 U.S.C. § 1983 and against Defendants Deputy Dugmore, Sheriff Bob Gualtieri, and the Pinellas County Jail ("PCJ"). The complaint alleges that on March 21, 2019, Deputy Dugmore subjected Plaintiff to cruel and unusual punishment when he punched Plaintiff in the head, rammed his face into steel bars, and slammed him down to the concrete floor while he was handcuffed. Despite that his head and face were bleeding, he sustained severe head, neck, and back injuries, and he was in excruciating pain, Plaintiff was refused medical treatment by medical staff. Subsequently, jail officials conspired together to write Plaintiff a false disciplinary report to cover-up the incident. Sheriff Gualtieri is responsible for Deputy Dugmore's actions because for several years before the incident, he allowed prison officials to physically abuse Plaintiff and other detainees. As relief, Plaintiff seeks compensatory and punitive damages.

         STANDARD OF REVIEW

         The Court has examined the complaint in accord with 28 U.S.C. § 1915A. In pertinent part, § 1915A provides:

(a) Screening.-The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for dismissal.-On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint -
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. The language of the statute does not distinguish between prisoners who proceed in forma pauperis and those who pay the requisite filing fee. The procedure required by § 1915 A is, by its terms, a screening process to be applied sua sponte. See id.

         The Court finds, for reasons set forth infra, that the complaint should be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted against some defendants.[1] See also 28 U.S.C. § 1915(e) (pursuant to the Prisoner Litigation Reform Act, federal courts must dismiss an in forma pauperis prisoner's claims "if the allegation of poverty is untrue, or the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune form such relief").

         DISCUSSION

         I. PCJ

         Defendant PCJ is not a legal entity amenable to suit. See Brannon v. Thomas County Jail, 280 Fed.Appx. 930, 934 n.l (11th Cir. 2008) ("County Jail is not an entity capable of being sued under Georgia law"); Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (holding that "county jails are not legal entities amenable to suit."); Herrera v. Rambosk, 2019 WL 1254772, at *4 (M.D. Fla. Mar. 19, 2019) ("Florida law does not recognize a jail facility as a legal entity separate and apart from the Sheriff charged with its operation and control."). Accordingly, the claims against PCJ will be dismissed from this case with prejudice.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.