United States District Court, W.D. Kentucky, Paducah Division
MEMORANDUM OPINION & ORDER
B. RUSSELL, SENIOR JUDGE UNITED STATES DISTRICT COURT
matter is before the Court upon Defendant McCracken County
Regional Jail's Motion to Dismiss. (R. 5). The Plaintiffs
time to respond has lapsed. Accordingly, this matter is ripe
for adjudication. For the reasons that follow, the
Defendants' Motion to Dismiss, (R. 5), is HEREBY GRANTED.
case arises from allegations that Plaintiff, John Parker, was
unlawfully shot with a stun gun, and denied proper medical
treatment for a severe laceration on his hand while
incarcerated at McCracken County Regional Jail. (R. 1).
Parker sues the various above-named Defendants in their
individual and official capacities under several causes of
action, including 42. U.S.C. § 1983 for violation of his
constitutional rights. (Id.). Defendant, McCracken
County Regional Jail, now moves for the Court to dismiss all
Parker's claims against it. (R. 5).
complaint must contain "a short and plain statement of
the claim showing that the pleader is entitled to
relief." Fed.R.Civ.P. 8(a)(2). In order to survive a
motion to dismiss under Rule 12(b)(6), a party must
"plead enough 'factual matter' to raise a
'plausible' inference of wrongdoing." 16630
Southfield Ltd. P'ship v. Flagstar Bank, F.S.B., 727
F.3d 502, 504 (6th Cir. 2013) (quoting Ashcroft v.
Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d
868 (2009)). A claim becomes plausible "when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged." Iqbal, 556 U.S. at
678 (citing Bell Atl Corp. v. Twombly, 550 U.S. 544,
556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). When
considering a Rule 12(b)(6) motion to dismiss, the Court must
presume all of the factual allegations in the complaint are
true and draw all reasonable inferences in favor of the
non-moving party. Total Benefits Planning Agency,
Inc., 552 F.3d at 434 (citing Great Lakes
Steel, 716 F.2d at 1105). "The court need not,
however, accept unwarranted factual inferences."
Id. (citing Morgan v. Church's Fried
Chicken, 829F.2d 10, 12 (6th Cir. 1987)). Should the
well-pleaded facts support no "more than the mere
possibility of misconduct," then dismissal is warranted.
Iqbal, 556 U.S at 679. The Court may grant a motion
to dismiss "only if, after drawing all reasonable
inferences from the allegations in the complaint in favor of
the plaintiff, the complaint still fails to allege a
plausible theory of relief." Garceau v. City of
Flint, 572 Fed.Appx. 369, 371 (6th Cir. 2014) (citing
Iqbal, 556 U.S. at 677-79).
County Regional Jail moves to dismiss all claims against it
"because the jail is not an entity subject to
suit." (R. 5). The Court agrees.
matter is straight-forward. The McCracken County Regional
Jail is not an entity subject to suit. See Comer v.
McCracken Cty. Det. Ctr., No. 5:18-CV-020-TBR, 2018 U.S.
Dist. LEXIS 133195, at *8 (W.D. Ky. Aug. 7, 2018)
(citingMatthews v. Jones, 35 F.3d 1046, 1049 (6th
Cir. 1994)); Blay v. Daviess County Detention
Center, No. 4:07-CV-P69-M, 2007 U.S. Dist. LEXIS 71131,
2007 WL 2809765, at *1 (W.D. Ky. Sept. 25, 2007). Thus,
McCracken County Regional Jail's Motion to Dismiss is
forgoing reasons, Defendant McCracken County Regional
Jail's Motion to Dismiss, (R. 5), is HEREBY GRANTED. All
claims against McCracken County Regional Jail are dismissed
Clerk of Court is DIRECTED to terminate McCracken County
Regional Jail as a party to this action.
TELEPHONIC STATUS/SCHEDULING CONFERENCE IS SET ON JULY 9,
2019 AT 10:00 A.M. The Court will place the call to counsel.