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Clifton v. Bailey

United States District Court, E.D. Arkansas, Jonesboro Division

March 17, 2015

CURTIS WAYNE CLIFTON ADC #650436, Plaintiff,
v.
OCTAVIOUS BAILEY, C.O., Mississippi County Detention Center; ALONZO CUMMINGS, C.O., Mississippi County Detention Center; PEGGY SOWARD, Sergeant, Mississippi County Detention Center; LUTHER WHITFIELD, Lieutenant, Mississippi County Detention Center; and MISSISSIPPI COUNTY DETENTION CENTER, Defendants.

ORDER

D. P. MARSHALL, Jr., District Judge.

Opposed partial recommendation, No. 6, adopted on de novo review. FED. R. CIV. P. 72(b)(3). Clifton's objection, No. 8, is overruled. Assuming that the defendants violated the facility's professional standards, challenging their actions is not a claim about a county policy or custom. Jenkins v. County of Hennepin, Minnesota, 557 F.3d 628, 632 (8th Cir. 2009). Clifton's claims against all defendants in their official capacities are dismissed without prejudice. His ยง 1983 claims against the Mississippi County Detention Center are dismissed with prejudice because the jail can't be sued.

So Ordered.


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