United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT, UNITED STATES DISTRICT JUDGE
Donnell Cason brings this action pursuant to 42 U.S.C.
§ 1983 for alleged deprivations of his constitutional
rights that occurred while he was a pretrial detainee at
Madison County Jail. Plaintiff asserts claims related to a
strip search, lockdown, and loss of personal property. (Doc.
1). He seeks monetary damages. (Id.).
case is now before the Court for preliminary review of the
Complaint under 28 U.S.C. § 1915A, which requires the
Court to screen prisoner Complaints to filter out
nonmeritorious claims. 28 U.S.C. § 1915A(a). Any portion
of the Complaint that is legally frivolous, malicious, fails
to state a claim for relief, or requests money damages from
an immune defendant must be dismissed. 28 U.S.C. §
makes the following allegations in the Complaint: On May 28,
2019, Sgt. Mike Hare came to the detainee cellblock and told
Plaintiff to gather his things. (Doc. 1, p. 6). Hare took
Plaintiff to the hallway in front of the cellblock, told him
to strip, and threatened him with mace. (Id.).
Officers Miller and Schmidt were also present.
(Id.). Hare forced Plaintiff to stand naked in front
of other inmates. (Id., pp. 6, 10). Hare confiscated
Plaintiff's underwear and t-shirt and told him he could
not wear or possess clothing that belonged to other inmates.
(Id.). Later, Plaintiff was placed on lockdown
without a ticket or any disciplinary action. (Id.,
named Madison County Jail (“the Jail”) as a
defendant. However, the Jail is not a “person”
subject to suit under Section 1983. Smith v. Knox Cnty.
Jail, 666 F.3d 1037, 1040 (7th Cir. 2012); Powell v.
Cook Cnty. Jail, 814 F.Supp. 757, 758 (N.D. Ill. 1993).
The Jail is not even a legal entity. Pursuant to Federal Rule
of Civil Procedure 17, 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). The Jail is not
considered a suable entity under Illinois law. Isaacs v.
St. Clair Cnty. Jail, No. 08-0417-DRH, 2009 WL 211158,
at *3-4 (S.D. Ill. Jan. 29, 2009); Hedger v. HCP,
No. 18-cv-2081-JPG, 2019 WL 117986, at *2 (S.D. Ill. Jan. 7,
2019). Accordingly, Madison County Jail is dismissed with
makes allegations against Miller and Shmidt, but these
individuals are not identified as defendants in the case
caption. The Court will not treat individuals not listed in
the caption as defendants, and any claims against Miller and
Shmidt are considered dismissed without prejudice. Myles
v. United States, 416 F.3d 551, 551-52 (7th Cir. 2005)
(holding that to be properly considered a party, a defendant
must be specified in the caption).
on the allegations of the Complaint, the Court finds it
convenient to designate the following counts:
Count 1: Eighth Amendment claim against Hare for the strip
search on May 28, 2019 that was conducted in a harassing or
Count 2: Fourteenth Amendment property loss claim against
Hare for confiscating Plaintiff's ...