Massey v. Moss Justice York County Detention Center
1:12-cv-01355
D.S.C.Jul 6, 2012Background
- Plaintiff Massey, a pro se pretrial detainee at MJDC, sues MJDC and individual medical staff under § 1983.
- Plaintiff alleges cancer history and ongoing pain from a growth treated insufficiently while detained (2010–2011).
- He alleges July 2011 sick calls and a growing tumor; Dr. Jewell allegedly refused treatment per plaintiff, after Nurse Dover instructed cessation of care.
- Plaintiff alleges November 2011 no longer measured the tumor and was advised not to sign up for sick call, with ongoing pain and Tylenol as relief.
- Plaintiff seeks damages against Tammy Dover, Dr. James Jewell, MJDC, and potentially the Medical Department of the York County Detention Center.
- Magistrate Judge Hodges recommends dismissal of MJDC (and, potentially, the Medical Department) as non-susceptible to suit under § 1983; service will be directed on Dover and Jewell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MJDC a 'person' under § 1983? | Massey contends MJDC acted under color of state law. | MJDC is an institution, not a person under § 1983. | MJDC not a 'person'; dismissal recommended. |
| Is the Medical Department of MJDC a proper Section 1983 defendant? | Medical Department should be liable as a separate entity. | Medical Department is a department/collection of personnel, not a person. | Medical Department not a proper defendant; dismissal recommended. |
| Do any remaining defendants state a cognizable § 1983 claim? | Dover and Jewell allegedly violated constitutional rights by denying care. | No cognizable claim against non-person defendants; potential service on individuals permitted. | Only service on individuals may proceed; complaint against MJDC/Medical Department dismissed. |
Key Cases Cited
- Denton v. Hernandez, 504 U.S. 25 (1992) (frivolous nature/ sua sponte dismissal authority under § 1915)
- Neitzke v. Williams, 490 U.S. 319 (1989) (meritless legal theories may be dismissed)
- Erickson v. Pardus, 551 U.S. 89 (2007) (pro se pleadings liberal construction guidance)
- Weller v. Dep’t of Soc. Servs., 901 F.2d 387 (4th Cir. 1990) (liberal pleading standard for pro se plaintiffs; identify cognizable claims)
- West v. Atkins, 487 U.S. 42 (1988) (elemental requirements for § 1983 claims (state action and constitutional rights))
- Monell v. Dep’t of Soc. Serv., 436 U.S. 658 (1978) (local government liability; municipal entities as defendants under § 1983)
- Harden v. Green, 27 F. App’x 173 (4th Cir. 2001) (medical department of prison not a sui juris defendant under § 1983)