Dravian Dravius Darvin Byrd v. Department of Corrections

Summary

The United States District Court for the Middle District of Florida dismissed without prejudice an inmate’s 42 U.S.C. § 1983 action against the Florida Department of Corrections. The court held that the FDC is not a “person” subject to monetary liability under § 1983 and directed the Clerk to close the case while allowing the plaintiff to file a new action against an appropriate defendant.

Holdings

1. The complaint failed to state a plausible claim for relief because it sought damages from the Florida Department of Corrections, an entity that is not a person subject to monetary liability under § 1983.
2. The court was required to dismiss the complaint because it failed to state a claim on which relief could be granted and the damages claim against the Florida Department of Corrections was frivolous.
3. Dismissal was without prejudice, permitting Plaintiff to initiate a new action asserting plausible claims against a proper person defendant.

Questions Presented

1. Whether the complaint stated a plausible claim under 42 U.S.C. § 1983 against the Florida Department of Corrections.
2. Whether the Florida Department of Corrections is a person subject to monetary liability under 42 U.S.C. § 1983.
3. Whether dismissal under the Prison Litigation Reform Act should be without prejudice.

Disposition

dismissed