Opinion
Civil Action 3:22-CV-00255-DAS
01-26-2023
JOHNATHAN CLARDY, PLAINTIFF v. UNION COUNTY, MS SHERIFF DEPT, DEFENDANT
ORDER REQUIRING PLAINTIFF TO NAME VALID DEFENDANT WITHIN 21 DAYS
DAVID A. SANDERS, UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court on pro se complaint of Plaintiff Johnathan Clardy challenging the conditions of his confinement under 42 U.S.C. § 1983. Plaintiff names only one defendant in this cause: the “Union County, MS Sheriff Dept.” The Union County, MS Sheriff Dept, however, is not a proper defendant in a case proceeding under Section 1983.
An entity's capacity to be sued must be determined by reference to the law of the state in which the district occur sits. Fed.R.Civ.P. 17(b). In Mississippi, “sheriffs departments are not political subdivisions within the meaning of the [Mississippi Tort Claims Act]. Thus, the Sheriff's Department does not enjoy a separate legal existence, apart from [the county in which it is located].” Brown v. Thompson, 927 So.2d 733, 737 (Miss. 2006).
Accordingly, the plaintiff is hereby DIRECTED to name at least one valid defendant and explain how that defendant participated in the events giving rise to this suit. The deadline for identifying a valid defendant to the Court is twenty-one (21) days from the date of this order. Failure to comply with this order will result in the dismissal of this case without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute and failure to comply with an order of the Court.
SO ORDERED.