United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT UNITED STATES DISTRICT JUDGE.
Donald Gilbert, who is currently being held at the Massac
County Jail, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Complaint is now before the Court for preliminary review
under 28 U.S.C. § 1915A, which requires the Court to
screen prisoner Complaints and filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of the
Complaint that is legally frivolous or malicious, fails to
state a claim for relief, or requests money damages from an
immune defendant must be dismissed. 28 U.S.C. §
1915A(b). At this juncture, the factual allegations are
liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations: Plaintiff was arrested for
failing to appear in court. (Doc. 1, p. 6). Upon arrest, the
officers twisted his left arm behind his back so hard that
his arm was torn out of socket. Id. He did not
receive any medical treatment for the injury. Later he was
transported to Jackson County Jail by corrections officer
Patrick McCoy and left there. Id. at pp. 2, 6. The
Jackson County Jail refused to take him because of his
injuries, and he was forced to walk back over seventy miles.
Id. at p. 6.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into
the following three Counts. The parties and the Court will
use these designations in all future pleadings and orders,
unless otherwise directed by this Court:
Count 1: Eighth Amendment claim of excessive
force used during Plaintiff’s arrest that resulted in
injury to his arm.
Count 2: Eighth Amendment claim of
deliberate indifference to serious medical needs for failing
to treat Plaintiff’s injured arm.
Count 3: Eighth Amendment claim of cruel and
unusual punishment for leaving Plaintiff injured at the
Jackson County Jail and forcing him to walk back.
claims that are not identified above should be considered
dismissed without prejudice as inadequately
pled under Twombly. 
following reasons, the Court finds that Plaintiff’s
Complaint, as currently drafted, fails to state a claim upon
which relief may be granted.
it is not entirely clear if Plaintiff is bringing claims
against the Massac County Sheriff’s Department or the
Massac County Jail or both. To the extent Plaintiff is
bringing allegations against the Massac County Jail, a jail
is not a “person” subject to suit under Section
1983. Smith v. Knox Cty. Jail, 666 F.3d 1037, 1040
(7th Cir. 2012); Powell v. Cook Cty. Jail, 814
F.Supp. 757, 758 (N.D. Ill. 1993). It is not even a legal
entity. A defendant must have the legal capacity to be sued.
See Fed. R. Civ. P. 17(b). When determining whether
an entity has this capacity, federal courts look to state
law. Magnuson v. Cassarella, 812 F.Supp. 824, 827
(N.D. Ill. 1992). Under Illinois law, a county jail is not
considered a suable entity. Isaacs v. St. Clair Cty.
Jail, No. 08-0417-DRH, 2009 WL 211158, at *3-4 (S.D.
Ill. Jan. 29, 2009); Hedger v. Wexford, No.
18-cv-2081-JPG, 2019 WL 117986, at *2 (S.D. Ill. Jan. 7,
extent Plaintiff is alleging claims against the Massac County
Sheriff’s Department these claims also fail. Not only
is the Sheriff’s Department not mentioned in the
statement of claim, but “a local government may not be
sued under § 1983 for an injury inflicted solely by its
employees or agents.” Monell v. Dep’t of Soc.
Servs.,436 U.S. 658, 694 (1978). Rather, in order to
obtain relief against a municipality, a plaintiff must allege
that the deprivations of his rights were the result of an
official policy, custom, or practice of the ...