Opinion

Toler v. Richland Correctional Institution

Court
District Court, N.D. Ohio
Filed
Nov 7, 2019
Cited by
0 cases
Authority
More cited than 28.0%

state prison “medical departments are not ‘persons’ under § 1983 . . .”

How later courts described this case

  • state prison “medical departments are not ‘persons’ under § 1983 . . .”
  • holding that the dismissal standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) governs dismissals under 28 U.S.C. § 1915A

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

MATTHEW S. TOLER, ) CASE NO. 1:19 CV 1538

)

Plaintiff, ) JUDGE JOHN R. ADAMS

)

v. )

) MEMORANDUM OF OPINION

RICHLAND CORRECTIONAL ) AND ORDER

INSTITUTION, et al., )

)

Defendants. )

Background

Pro se plaintiff Matthew S. Toler, a prisoner incarcerated in the Richland Correctional

Institution (RCI), has filed an in forma pauperis civil rights complaint in this matter against RCI

and its “Mental Health Staff.” (Doc. No. 1.) In his complaint, he complains of treatment he has

received for his mental health and other general jail conditions. The plaintiff alleges he was

diagnosed with anxiety disorder and depression before he came to prison, and although he

acknowledges he seen by “Mental Health” at RCI, he complains he was not given medicine as he

desired. Instead, he was seen by a psychologist who he contends failed to adequately treat his

issues. (Id. at 3-4.) Additionally, he complains there are “problems with the water . . . being brown

for long periods of time,” “black mold in the showers,” and “birds in the chow hall” which leave

“feces on the tables and pipes above our heads.” (Id. at 4.)

The plaintiff does not allege any specific legal claim or claims, but seeks two million dollars

in damages for his “mental & physical pain” and an order that the institution be made safe for all.

(Id. at 5.)

Standard of Review

Although federal courts are obligated to construe pro se complaints liberally, see Williams

v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011), such principles are not without limits. See Young Bok

Song v. Gipson, 423 F. App’x 506, 510 (6th Cir. 2011). Plaintiffs proceeding pro se must still meet

basic pleading requirements, and courts are not required to “conjure allegations on [their] behalf.”

Erwin v. Edwards, 22 F. App’x 579, 580 (6th Cir. 2001).

The Prison Litigation Reform Act requires a district court to dismiss before service any

prisoner action seeking redress from “a governmental entity or officer or employee of a

governmental entity” that the Court determines is frivolous or malicious, fails to state a claim on

which relief can be granted, or seeks monetary relief from a defendant immune from such relief.

See 28 U.S.C. § 1915A. To survive a dismissal for failure to state a claim under § 1915A, “a

complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is

plausible on its face.” Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding that the

dismissal standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atlantic Corp. v.

Twombly, 550 U.S. 544 (2007) governs dismissals under 28 U.S.C. § 1915A).

Discussion

Upon review, the Court finds that the plaintiff’s complaint must be dismissed pursuant to

§ 1915A.

Prison conditions are subject to constitutional scrutiny under the Eighth Amendment, but

in order to make out a claim, a plaintiff must show that a prison official acted with deliberate

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indifference to his health or safety. This requires a plaintiff to show a culpable state of mind on the

part of prison officials. See Wilson v. Seiter, U.S. 294, 294 (1991). A prisoner must show that a

prison official “knows of and disregards an excessive risk to inmate health or safety; the official

must both be aware of facts from which the inference could be drawn that a substantial risk of

serious harm exists, and he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837

(1994).

Plaintiff has named only RCI, and RCI’s “Mental Health Staff,” as defendants in his

complaint. He makes no allegations whatsoever about the knowledge or intent of any jail official

concerning the conditions to which he is subjected, or his mental health or treatment. Accordingly,

the plaintiff has failed to allege any plausible deliberate indifference claim under the Eighth

Amendment. Neither RCI, nor RCI’s “Mental Health Staff,” is an capable of being sued for

constitutional rights violations under 42 U.S.C. § 1983. See, e.g, Marbry v. Corr. Med. Servs., No.

99–6706, 2000 WL 1720959, at *2 (6th Cir. Nov. 6, 2000) (a county jail “is not an entity subject

to suit under § 1983”); Hix v. Tenn. Dept. of Corrs., 196 F. App'x 350, 355 (6th Cir. 2006) (state

prison “medical departments are not ‘persons’ under § 1983 . . .”).

Additionally, § 1983 does not permit an imposition of liability solely on the basis of

respondeat superior. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 691 (1978). A local

governmental entity or subdivision, such as Richland County, may be held liable under § 1983 only

where its own policy or custom causes a constitutional rights violation. See id. at 694. The plaintiff

has not alleged any facts plausibly suggesting that an unconstitutional policy of Richland County

itself caused a violation of his constitutional rights.

Conclusion

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Accordingly, the plaintiff’s complaint fails to state any plausible claim upon which he may

be granted relief and is dismissed under 28 U.S.C. § 1915A. In light of this dismissal, the plaintiff’s

remaining motions to proceed in forma pauperis (Doc. No. 2) and for pro bono counsel (Doc. No.

3) are denied as moot. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an

appeal from this decision could not be taken in good faith.

IT IS SO ORDERED.

Date: November 7, 2019 /s/ John R. Adams

JOHN R. ADAMS

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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