IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
DURWARD O'NEAL BRISKEY
* CIVIL ACTION NO. 3:05-CV-725-T
COMMISSIONER WRIGHT, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff is currently incarcerated in the Randolph County Jail located in Wedowee,
Alabama. He filed this 42 U.S.C. § 1983 complaint on August 3, 2005 alleging that the
conditions of confinement in the jail are unconstitutional. Plaintiff names as defendants
County Commissioner Wright, Sheriff Jeff Fuller, Chief Shirley Johnson, and Captain Craig
Davidson. Upon review of the complaint, the court concludes that dismissal of Plaintiff's
claims against Commissioner Wright prior to service of process is appropriate under 28
U.S.C. § 1915(e)(2)(B)(i).
Plaintiff's complaint regarding the conditions under which he is housed in the
Randolph County Jail may not proceed against County Commissioner Wright. A county
Case 3:05-cv-00725-MHT-VPM Document 3 Filed 08/10/2005 Page 1 of 3
Briskey v. Fuller et al (INMATE 2)(JC)
commissioner cannot be held liable for actions undertaken during the daily operation of a
county jail. Turquitt v. Jefferson County, Alabama, 137 F.3d 1285, 1289 (11th Cir. 1998).
Moreover, county commissioners are entitled to absolute immunity under § 1983 for claims
arising from the appropriation of funds for the maintenance of a county jail. Woods v.
Garner, 132 F.3d 1417, 1420 (11th Cir. 1998). Consequently, Plaintiff’s claims against
Commissioner Wright are due to be dismissed under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii).
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. Plaintiff's claims against Commissioner Wright be DISMISSED with prejudice
prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and
2. Commissioner Wright be DISMISSED as a party to t