A 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, regardless of the
payment of a filing fee, 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 UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
BRO. AMIR ABDUL AL-HAKIM
LEE CO. JUSTICE CTR., et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, an inmate incarcerated at the Lee County Detention Facility in Opelika,
Alabama, filed this 42 U.S.C. § 1983 action on November 21, 2006. He alleges that various
conditions of confinement at the facility violate his constitutional rights. The Lee County
Justice Center is one of the named defendants. Upon review of the complaint, the court
concludes that dismissal of Plaintiff's claims against the Justice Center prior to service of
process is appropriate under 28 U.S.C. § 1915(e)(2)(B)(i).
Plaintiff names the Lee County Justice Center as one of the defendants to this cause
Case 3:06-cv-01049-MEF-CSC Document 5 Filed 11/28/2006 Page 1 of 3
Al-Hakim v. Lee County Justice Center et al (INMATE2)
of action. A county facility is not a legal entity subject to suit or liability under section 1983.
Cf. Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light of the foregoing, the
court concludes that Plaintiff's claims against the Lee County Justice Center are due to be
Accordingly, it is the RECOMMENDATION of the Magistra