Roy Laron Young v. Pulaski County Jail

Summary

Proposed Findings and Recommendations in a prisoner civil rights action under 42 U.S.C. § 1983 in the Eastern District of Arkansas. The magistrate judge recommends dismissal without prejudice because the Pulaski County Detention Center is not a suable person under § 1983 and the amended pleadings identify no individual wrongdoing. The recommendation also addresses potential treatment as a strike under 28 U.S.C. § 1915(g) and certification regarding an in forma pauperis appeal.

Holdings

1. The Detention Center is not a legal entity or person subject to suit under 42 U.S.C. § 1983.
2. The amended complaint failed to state a claim because it named only the nonsuable Detention Center and alleged no action by any individual that violated Young's rights.
3. The court recommended that the dismissal count as a strike under 28 U.S.C. § 1915(g), while recognizing that the effective determination of accumulated strikes is made by a later tribunal.

Questions Presented

1. Whether the Pulaski County Detention Center is a suable person under 42 U.S.C. § 1983.
2. Whether Young's amended complaint stated a § 1983 claim when it identified no individual defendant and alleged no conduct violating his constitutional rights.
3. Whether dismissal should be without prejudice and treated as a strike under 28 U.S.C. § 1915(g).

Disposition

dismissed