IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
PIKE COUNTY JAIL ADMINISTRATION,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff is an inmate incarcerated at the Pike County Jail. He brings this 42 U.S.C.
§ 1983 action alleging that the conditions of confinement at the jail are unconstitutional.
Plaintiff names as Defendants the Pike County Jail Administration, the Pike County Sheriff’s
Department, Mrs. Olivia, Captain Doug Wheeler, and Sheriff Russell Thomas. Upon review
of the complaint, the court concludes that dismissal of Plaintiff's claims against the Pike
County Jail Administration and the Pike County Sheriff’s Department prior to service of
process is appropriate under 28 U.S.C. § 1915(e)(2)(B)(i).
Neither the Pike County Jail Administration nor the Pike County Sheriff’s Department
are legal entities and, therefore, they are not subject to suit or liability under § 1983. See
Dean v. Barber, 951 F.2d 1210, 1214 (11 Cir. 1992). In light of the foregoing, the court
Case 2:06-cv-00208-MEF-SRW Document 5 Filed 03/20/2006 Page 1 of 3
Phillips et al v. Pike County Jail Administration et al (INMATE2)
concludes that Plaintiff's claims against these defendants are due to be dismissed. Id.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's
claims against the Pike County Jail Administration and the Pike County Sheriff’s Department
be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28
U.S.C. § 1915(e)(2)(B)(i), and that these parties be DISMISSED as defendants to this
complaint. It is further the Recommendation of the Magistrate Judge that this case with
respect to the remaining defendants be referred back to the undersigned for additional