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.

Hibbs v. Louisville Metro Dep't of Corrections

United States District Court, W.D. Kentucky, Louisville

June 1, 2018

BRANDON L. HIBBS PLAINTIFF
v.
LOUISVILLE METRO DEP'T OF CORRECTIONS et al. DEFENDANTS

          Plaintiff, pro se Defendants Jefferson County Attorney

          MEMORANDUM OPINION AND ORDER

          GREG N. STIVERS, JUDGE UNITED STATES DISTRICT COURT

         Plaintiff Brandon L. Hibbs filed the instant pro se complaint under 42 U.S.C. § 1983. This matter is before the Court on initial review of the complaint pursuant to 28 U.S.C. § 1915A. For the reasons stated below, the Court will dismiss some of Plaintiff s claims and allow one of his claims to proceed.

         I.

         Plaintiff identifies himself as a pretrial detainee at the Louisville Metro Department of Corrections (LMDC). He sues LMDC; Kevin Smith, a doctor at LMDC; and LMDC Director Mark Bolton. He sues Smith and Bolton in their individual and official capacities.

         Plaintiff states that he was injured “when I fell and broke my clavical bone due to neglect to clean water from a hallway floor that occurred when a janitors sink was leaking and wasnt mopped up nor was there any slip and fall signs posted anywhere in sight.” He continues, “Due to this accident I now have a collerbone pertruding out my chest due to it not being addressed in a promtly manner.” Plaintiff asserts that twice surgeries were scheduled but that “[t]hey failed to notify me of any surgery they had scheduled so I didn't have the proper time to meet the criteria for surgery . . . .” Plaintiff further states, “Knowing the doctors wrongs he stated to me not to say anything or he would lose his job the doctor is Kevin Smith.” He also reports that he went to University of Louisville Hospital for his injuries and that he has records of this. Plaintiff concludes, “LMDC fail to comply with my medical issue's ‘left I Brandon L. Hibbs for dead.'”

         As relief, Plaintiff seeks compensatory damages.

         II.

         When a prisoner initiates a civil action seeking redress from a governmental entity, officer, or employee, the trial court must review the complaint and dismiss the complaint, or any portion of it, if the court determines that the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).

         In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). “But the district court need not accept a ‘bare assertion of legal conclusions.'” Tackett, 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995)). “A pleading that offers ‘labels and conclusions' or ‘a formulaic recitation of the elements of a cause of action will not do.' Nor does a complaint suffice if it tenders ‘naked assertion[s]' devoid of ‘further factual enhancement.'” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555, 557).

         Although this Court recognizes that pro se pleadings are to be held to a less stringent standard than formal pleadings drafted by lawyers, Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991), “[o]ur duty to be ‘less stringent' with pro se complaints does not require us to conjure up unpled allegations.” McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979) (citation omitted). And this Court is not required to create a claim for Plaintiff. Clark v. Nat'l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir. 1975). To command otherwise would require the Court “to explore exhaustively all potential claims of a pro se plaintiff, [and] would also transform the district court from its legitimate advisory role to the improper role of an advocate seeking out the strongest arguments and most successful strategies for a party.” Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985).

         III.

         A. LMDC and official-capacity claims

         Plaintiff sues LMDC and sues Smith and Bolton in their official capacities. LMDC is not a “person” subject to suit under § 1983 because municipal departments, such as jails, are not suable under § 1983. Marbry v. Corr. Med. Servs., No. 99-6706, 2000 U.S. App. LEXIS 28072, at *2 (6th Cir. Nov. 6, 2000) (holding that a jail is not an entity subject to suit under § 1983); see also Rhodes v. McDannel, 945 F.2d 117, 120 (6th Cir. 1991) (holding that a police department may not be sued under § 1983). In this situation, Louisville Metro Government is the proper defendant. Smallwood v. Jefferson Cty. Gov't, 743 F.Supp. 502. 503 (W.D. Ky. 1990). Further, Louisville Metro Government is a “person” for purposes of § ...


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.