Summary
The United States District Court for the Southern District of Georgia dismissed without prejudice James Andrew Sims, Jr.’s 42 U.S.C. § 1983 complaint arising from his arrest. The court held that the Douglas Police Department, Coffee County Sheriff’s Office, and Coffee County Jail were not proper persons subject to suit under § 1983, closed the case, and denied leave to proceed in forma pauperis on appeal.
Holdings
- The complaint failed to state a § 1983 claim because the Douglas Police Department, Coffee County Sheriff's Office, and Coffee County Jail were not persons or suable legal entities subject to liability under § 1983.
- The plaintiff was denied leave to proceed in forma pauperis on appeal because an appeal from the dismissal would not be taken in good faith.
Questions Presented
- Whether the complaint stated a claim under 42 U.S.C. § 1983 against the entire police department, sheriff's office, and county jail.
- Whether the plaintiff should be denied in forma pauperis status for an appeal because any appeal would not be taken in good faith.
Disposition
dismissed
Cases Cited (18)
- Waldman v. Conway, 871 F.3d 1283, 1289 (11th Cir.)(followed)
- Haines v. Kerner, 404 U.S. 519, 520(followed)
- McNeil v. United States, 508 U.S. 106, 113(followed)
- Moore v. Bargstedt, 203 F. App'x 321, 323 (11th Cir.)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555(followed)
- Hale v. Tallapoosa County, 50 F.3d 1579, 1582 (11th Cir.)(followed)
- Strange v. JPay Corp., No. 19-15154, 2020 WL 3547931, at *2 (11th Cir. June 9, 2020)(followed)
- Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir.)(followed)
- Nichols v. Ala. State Bar, 815 F.3d 726, 731 (11th Cir.)(followed)
Showing top 10 of 18.
Cited In (0)
No citing cases on record yet.
Court Document
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