Opinion
Civil No. 6:20-cv-028-JMH
02-04-2020
ANTHONY JOSEPH POPEJOY, Plaintiff, v. LAUREL COUNTY DETENTION CENTER, Defendant.
MEMORANDUM OPINION AND ORDER
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Anthony Joseph Popejoy is an inmate at the Laurel County Detention Center in London, Kentucky. Proceeding without a lawyer, Popejoy filed a civil rights complaint with the United States District Court for the Western District of Kentucky. [See DE 1]. The Western District then transferred Popejoy's case to this Court, and his complaint is now before the Court on initial screening pursuant to 28 U.S.C. § 1915A.
Popejoy's complaint is a barebones submission in which he lists the Laurel County Detention Center as the only defendant. [See DE 1 at 2]. Moreover, Popejoy's only substantive allegations are as follows: "I put in med requests and was refused. I was then shipped to Simson Co. This caused me permanent earloss." [Id. at 4]. Finally, Popejoy suggests that he pursued administrative remedies at the prison, and he says that he is seeking $5 million in damages, as well as injunctive relief. [See id. at 4, 6].
Ultimately, the Court will dismiss Popejoy's complaint because he has failed to state a claim upon which relief may be granted. That is because the only defendant in this case, the Laurel County Detention Center, is simply a building and not a person or legal entity which may be sued under 42 U.S.C. § 1983. See Marbry v. Corr. Med. Servs., 238 F.3d 422, 2000 WL 1720959, at *2 (6th Cir. 2000) (holding that the Shelby County jail was not subject to suit under § 1983). Plus, even if the Court liberally construes Popejoy's complaint as alleging a claim against Laurel County itself, he is not complaining in any clear way about a county policy or custom, as required to state a claim against the county. See Thomas v. City of Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005) (citing Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658, 690 (1978)).
Accordingly, it is ORDERED as follows:
1) Popejoy's complaint [DE 1] is DISMISSED with prejudice because it fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(1).
2) This action is STRICKEN from the Court's docket.
3) All pending motions are DENIED as moot.
4) The Court will enter a corresponding Judgment.
This 4th day of February, 2020.
Signed By:
Joseph M . Hood
Senior U.S. District Judge