Opinion
CASE NO. 8:18-cv-466-T-23CPT
03-28-2018
THOMAS NEAL, et al., Plaintiffs, v. RICK WELLS, SHERIFF, MANATEE COUNTY, Defendant.
ORDER
Pro se plaintiff Thomas Neal and the "inmate population of Manatee County Jail" simultaneously filed a civil rights complaint under 42 U.S.C. § 1983 as a class action (Dkt. 1). The plaintiffs sue Rick Wells, the Sheriff of Manatee County, Florida, and allege unconstitutional conditions of confinement at Manatee County Jail.
For certification under Fed.R.Civ.P. 23(a), a class action requires (1) numerosity — the class is so numerous that joinder of all members is impracticable, (2) commonality — there are questions of law or fact common to the class, (3) typicality — the claims or defenses of the class are typical, and (4) adequacy — the class representative will fairly and adequately protect the interests of the class. Hines v. Widnall, 334 F.3d 1253, 1255-56 (11th Cir. 2003).
The plaintiffs, prisoners appearing pro se, are untrained in the law and have limited access to legal materials and other resources. Accordingly, the plaintiffs cannot adequately protect the interests of the other prisoners in the class. See Bass v. Benton, 408 F. App'x 298 (11th Cir. 2011) (plaintiff, a prisoner proceeding pro se, could not seek relief on behalf of fellow inmates nor represent them in a class action suit). See also Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (holding that it is plain error to permit an imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action).
The plaintiffs may not proceed jointly in this case. Prisoners cannot — to share the filing fee — join in a civil rights action. See Hubbard v. Haley, 262 F.3d 1194 (11th Cir. 2001) (affirming district court's dismissal without prejudice of complaint filed by multiple prisoner plaintiffs and requiring each prisoner to file a separate action with either the filing fee or a motion to proceed in forma pauperis).
Accordingly, the civil rights complaint (Dkt. 1) is DISMISSED WITHOUT PREJUDICE. The clerk must close the case.
ORDERED in Tampa, Florida, on March 28, 2018.
/s/_________
STEVEN D. MERRYDAY
UNITED STATES DISTRICT JUDGE