1A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint
screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires
the court to dismiss a prisoner’s civil action prior to service of process if it determines that the complaint is
frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from
a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
RODNEY RAPHAEL COOPER,
) CIVIL ACTION NO. 3:06-CV-1125-MHT
JAY JONES, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a 42 U.S.C. § 1983 action in which Rodney Raphael Cooper [“Cooper”], a
county inmate, complains that he is being denied adequate medical treatment during his
incarceration in the Lee County Detention Facility. Cooper names the Lee County Sheriff’s
Department as a defendant in this cause of action.
Upon review of the complaint, the court concludes that Cooper’s claims against the
Lee County Sheriff’s Department are due to be dismissed prior to service pursuant to the
provisions of 28 U.S.C. § 1915(e)(2)(B)(i).1
A county sheriff's department "is not a legal entity and, therefore, is not subject to
suit or liability under section 1983." Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992).
Case 3:06-cv-01125-MHT-SRW Document 5 Filed 12/21/2006 Page 1 of 3
Cooper v. Jones et al (INMATE 1)
In light of the foregoing, the court concludes that the plaintiff's claims against the Lee
County Sheriff’s Department are due to be summarily dismissed. Id.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The plaintiff's claims against the Lee Cou