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, 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 DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CLIFFORD L. McWHORTER, JR.,
CIVIL ACTION NO. 2:05-CV-430-F
BULLOCK COUNTY SHERIFF DEPT.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a 42 U.S.C. § 1983 action in which Clifford L. McWhorter, Jr., a county
inmate, challenges the constitutionality of his confinement on criminal charges pending
against him before the Circuit Court of Bullock County, Alabama.
Upon review of the complaint, the court concludes that this case is due to be dismissed
prior to service of process under the provisions of 28 U.S.C. § 1915(e)(2)(B)(i).1
I. The Bullock County Sheriff’s Department
The plaintiff names the Bullock County Sheriff’s Department as the sole defendant
in this cause of action. The law is well settled that a county sheriff’s department “is not a
Case 2:05-cv-00430-MEF-VPM Document 4 Filed 05/16/2005 Page 1 of 4
McWhorter v. Bullock County Sheriff Dept. (INMATE1) (JC)
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). In light of the foregoing, the court concludes
that the plaintiff's claims against the Bullock County Sheriff's Department are due to be
dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Id.
II. The Challenge to Confinement