United States District Court, E.D. Arkansas, Jonesboro Division
ORDER
Plaintiff
Timothy Martin Williams (“Williams”), a pretrial
detainee in the Craighead County Detention Center
(“CCDC”), has filed a pro se § 1983
Complaint and an “Addendum” alleging that he is
being subjected to inhumane conditions of confinement.
Docs. 2 & 3. Before Williams may proceed with
this case, the Court must screen his claims.[1]
In his
Complaint, Williams alleges that, at the CCDC: (1) he has to
sleep on a foam mat covered with black mold; (2) he has been
denied a new mattress or cleaning supplies to sanitize the
one he has; (3) there is black mold in the restroom and
shower; (4) toilet water constantly leaks into his sleeping
area; (5) the roof leaks and insulation is falling from the
ceiling into his eating and sleeping area; and (6) his living
area is covered in black mold and mildew. Doc. 2 at
4.
In his
“Addendum, ” Williams again alleges unhealthy and
unsanitary conditions of confinement at the CCDC. However, he
also raises a variety of other issues affecting him and seven
other listed detainees, including: (1) threats from
unspecified officers for filing grievances and sending out
legal mail; (2) verbal abuse by unspecified officers; (3)
legal proceedings being “postponed in courts for
months” and delays in being moved from the CCDC to
“camp” or other facilities; (4) little or no
recreation; (5) “no privacy” regarding mail, and
the opening of legal mail; (6) no means of correspondence or
visitation for spouses who are both incarcerated; (7) being
allowed only one “clipper shave” a month; and (8)
denial of proper care for pregnant inmates. Doc. 3.
“A
prisoner cannot bring claims on behalf of other
prisoners.” Martin v. Sargent, 780 F.3d 1334,
1337 (8th Cir. 1985). Thus, Williams cannot bring claims on
behalf of any other CCDC detainees. Instead, Williams can
proceed only on the alleged constitutional violations he
personally experienced. Importantly, in connection
with each of those constitutional violations, he must explain
how he was personally harmed or injured.
Id.
Williams
names only one Defendant, the “Craighead County
Jail/Detention Center, administration/jail.” It is well
settled that a county detention facility is not a
legal entity that can be sued in a § 1983 action.
See Owens v. Scott County Jail, 328 F.3d 1026, 1027
(8th Cir. 2003); Williams v. Pulaski County Detention
Facility, 278 Fed.Appx. 695, 695 (8th Cir. 2008).
Instead, Williams must name individuals who are
responsible for the alleged constitutional violations.
In
addition, to the extent Williams is attempting to name the
CCDC administrator as a Defendant, he makes no specific
factual or legal allegations against him or her. See
Iqbal, 556 U.S. at 676 (explaining that, to state a
viable § 1983 claim, a prisoner “must plead that
each Government-official defendant, through the
official's own individual actions, has violated the
Constitution”).
Finally,
Williams's attempt, in his Addendum, to raise a variety
of legally and factually unrelated claims against multiple
unidentified officers, is improper. Federal Rule of Civil
Procedure 20(a)(2) provides that multiple defendants may be
joined in one lawsuit only if the claims against them: (1)
arise “out of the same transaction, occurrence, or
series of transactions or occurrences”; and (2) involve
“any question of law or fact common to all
defendants.” See also Fed. R. Civ. P. 21
(providing that a court may sua sponte “add or
drop” an improperly joined party or “sever”
any claim). Additionally, a prisoner cannot attempt to defeat
the filing fee requirements in § 1915 by joining
unrelated and legally distinct claims in one lawsuit. See
Bailey v. Doe, 434 Fed.Appx. 573, 573 n.1 (8th Cir.
2011) (affirming a trial court's decision to sever a
prisoner's complaint into three separate actions and
obligating him to pay three separate filing fees). Thus,
Williams must limit his present Complaint to claims and
Defendants that are legally and factually related.
Accordingly,
Williams's “Addendum” is STRICKEN from the
record. Williams must file, within thirty
days, an Amended Complaint that: (1) limits his
claims to conduct that is factually and legally
related;[2] (2) names all the individuals he
believes violated his constitutional rights in connection
with each of those factually and legally related
claims; (3) explains, in a direct and concise way, how each
of the named Defendants personally participated in
violating his constitutional rights; (4) provides the
specific dates that he was subjected to the allegedly
unconstitutional conditions of confinement; (5) explains how
he has been personally harmed by being exposed to
those conditions; and (6) states whether an official policy,
custom, or practice of the CCDC caused his injuries.
IT IS
THEREFORE ORDERED THAT:
1. Williams's Addendum (Doc. 3) is STRICKEN from
the record.
2. The Clerk is directed to mail Williams a § 1983
complaint form that is labeled “Amended
Complaint.”
3. Williams must file, within thirty days of the date
of this Order, an Amended Complaint that complies
with the instructions in this Order. If he does not timely
and properly do so, this case will be dismissed, without
prejudice, pursuant to Local Rule 5.5(c)(2).
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