United States District Court, S.D. Georgia, Dublin Division
K. EFPS UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF
currently incarcerated at the Dodge County Jail
(“DCJ”) in Eastman, Georgia, commenced the
above-captioned case pursuant to 42 U.S.C. § 1983.
Because he is proceeding in forma pauperis
(“IFP”), Plaintiff's complaint must be
screened to protect potential defendants. Phillips v.
Mashburn, 746 F.2d 782, 785 (11th Cir. 1984);
Al-Amin v. Donald, 165 F. App'x 733, 736 (11th
Cir. 2006) (per curiam).
SCREENING OF THE COMPLAINT
names the DCJ and Inmate Medical Service as Defendants.
Taking all of Plaintiff's allegations as true, as the
Court must for purposes of the present screening, the facts
are as follows.
has been incarcerated at DCJ for fourteen months. (Doc. no.
1, p. 5.) During that time, he has had a large red spot on
his neck and been coughing up blood. (Id.)
Defendants refuse to treat Plaintiff for his ailments.
Leave to Amend Complaint
Plaintiff alleges deliberate indifference claims against DCJ
and Inmate Medical Service. However, DCJ is not a proper
party because county jails are not subject to liability under
§ 1983. See, e.g., Smith v. Chatham Cnty.
Sheriff's Dep't, No. CV 412-224, 2012 WL
5463898, at *2, (S.D. Ga. Oct. 22, 2012) (“[T]he
[county jail] is not a legal entity capable of being
sued”); Bolden v. Gwinnett Cnty. Det. Ctr. Med.
Admin. Med. Doctors, No. 1:09-CV-1966, 2009 WL 2496655,
at *1 (N.D.Ga. Aug. 12, 2009) (“Jails . . . are not
legal entities subject to suit under § 1983 at
all.”). Moreover, it is unclear from Plaintiff's
complaint whether Inmate Medical Service is a private medical
entity or whether it is a subdivision of DCJ. The only
appropriate parties under § 1983 are persons who
participated in the alleged violation. See 42 U.S.C.
§ 1983 (subjecting only “persons” to
liability); see also Georgia Insurers Insolvency Pool v.
Elbert County, 368 S.E.2d 500, 502 (1988) (limiting
§ 1983 liability to “(1) natural persons; (2) an
artificial person (a corporation); and (3) such
quasi-artificial persons as the law recognizes as being
capable to sue”) (quotations omitted). Thus,
Plaintiff's claims are ripe for dismissal for failure to
state a claim upon which relief can be granted.
Court is hesitant to dismiss Plaintiff's potentially
plausible deliberate indifference claims on such a
technicality. The Court therefore will give Plaintiff an
opportunity to amend his complaint and name defendants
capable of being sued, presumably the jail and medical
officials allegedly responsible for the deprivation of
Plaintiff's constitutional rights. Plaintiff should also
include as much information as possible about his alleged
medical diagnoses, symptoms, and treatment sought.
Accordingly, the Court ORDERS Plaintiff to
amend his complaint within fourteen days of the date of this
Order. Plaintiff must use the standard form
provided along with this Order, with no more than six
handwritten pages attached. See Goodison v. Washington
Mut. Bank, 232 F. App'x 922, 923 (11th Cir. 2007)
(affirming dismissal of case where plaintiff failed to heed
pleading instructions from court to re-draft complaint to
make more concise); see also London v. Georgia Dep't
of Corr., CV 502-107, doc. no. 10 (M.D. Ga. May 10,
2002) (directing amended complaint shall not exceed six
handwritten pages). If Plaintiff wishes to pursue this case,
he MUST file an amended complaint, which
MUST be filed in accordance with the
amended complaint must be printed legibly so that the Court
may discern Plaintiff's claims, and it will supersede and
replace in its entirety the previous pleadings filed by
Plaintiff. Krinsk v. SunTrust Banks, Inc., 654 F.3d
1194, 1202 (11th Cir. 2011); Lowery v. Ala. Power
Co., 483 F.3d 1184, 1219 (11th Cir. 2007) (“an
amended complaint supersedes the initial complaint and
becomes the operative pleading in the case”). It must
contain a caption that clearly identifies, by name, each
individual that Plaintiff is suing in the present lawsuit.
Furthermore, the body of Plaintiff's amended complaint
must contain sequentially numbered paragraphs containing only
one act of misconduct per paragraph. The numbered paragraphs
in his amended complaint should include information such as:
(i) the alleged act of misconduct; (ii) the date on which
such misconduct occurred; (iii) the names of each and every
individual who participated in such misconduct; and (iv)
where appropriate, the location where the alleged misconduct
occurred. While Plaintiff may attach exhibits to his amended
complaint, he shall not incorporate them by reference as a
means of providing the factual basis for his complaint. For
example, Plaintiff should not simply state, “See
attached documents.” Thus, Plaintiff must name the
individuals whom he seeks to include as defendants herein in
both the caption and the body of his amended complaint; he
may not rely on the fact that individuals are named in the
exhibits attached to his amended complaint as a means of
including such persons as defendants to this lawsuit. The
Court will not independently examine exhibits that Plaintiff
does not specifically reference (by the exhibit's page
number) in his amended complaint.
is further cautioned that no portion of any prior complaint
shall be incorporated into his amended complaint by
reference. Moreover, Plaintiff shall submit only one amended
complaint in accordance with the terms of this Order.
Therefore, Plaintiff shall state in the single amended
complaint filed in accordance with the terms of this Order
all claims that he wishes the Court to consider as a basis
for awarding the relief sought. Once Plaintiff has complied
with the conditions of this Order, the Court will review the
amended complaint to determine which, if any, claims are
viable and which, if any, defendants should be served with a
copy of the amended complaint. If no response is timely
received from Plaintiff, the Court will presume that he
desires to have this case voluntarily dismissed and will
recommend dismissal of this action, without prejudice.
Plaintiff is cautioned that while this action is pending, he
shall immediately inform this Court of any change of address.
Failure to do so will result in dismissal of this case.