Sanchaz Harold v. Jordan Joshlin, et al.

Summary

The court construes the plaintiff’s pleading entitled “In Regard to Order” as a motion to amend. The court denies the motion in part as futile and dismisses it in part as moot, explaining that two proposed defendants were no longer parties, one proposed defendant was already named, and the Tangipahoa Parish Jail is not a proper § 1983 defendant.

Holdings

1. The request to add Jordan Joshlin and Terry Lane was unnecessary because they were no longer defendants after dismissal without prejudice for failure to serve.
2. The request to add Sheriff Gerald Sticker was moot because he was already a named defendant and had appeared through counsel.
3. The Tangipahoa Parish Jail is not a proper defendant in a § 1983 action because it is merely a building or facility and is not a person subject to suit under the statute.

Questions Presented

1. Whether the motion to amend was moot as to Sheriff Gerald Sticker because he was already a named defendant who had appeared through counsel.
2. Whether amendment to add the Tangipahoa Parish Jail as a defendant was futile because the jail is not a proper person or entity subject to suit under 42 U.S.C. § 1983.
3. Whether amendment was necessary to add Jordan Joshlin and Terry Lane when those defendants had already been dismissed without prejudice for failure of service.

Disposition

other