Horn v. Madison County Detention Center, No. 5:2019cv00168 - Document 15 (E.D. Ky. 2019)
Court Description: MEMORANDUM OPINION & ORDER: 1. Horn's claims against Anglin, Ashley, and Madison County Detention Center are DISMISSED. The Clerk's office is DIRECTED to terminate these defendants from this action. 2. The Court will allow Horn's clai m against Kyle Barrett to proceed. The Clerk's office is DIRECTED to list MCDC Lieutenant Kyle Barrett as a defendant in this action. 3. A Deputy Clerk shall prepare one "service packet" for service. That packet shall include: a. a com plete summons form; b. complaint; c. this Memorandum Opinion and Order; and a completed USM form 285. 4. The Deputy Clerk shall deliver the Service Packet to the USMS in Lexington and note delivery in the docket. 5. USMS shall personally serve MCDC Lieutenant Kyle Barrett with the service packet. Signed by Judge Joseph M. Hood on 6/6/2019.(JJ)cc: Pro Se Pltf via US Mail,USM
Download PDF
<![CDATA[
Horn v. Madison County Detention Center Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ) ) ) ) ) ) ) ) ) ) MICHAEL HORN, Plaintiff, v. MADISON COUNTY DETENTION CENTER, ET AL., Defendants. *** *** Civil No. 19-168-JMH MEMORANDUM OPINION AND ORDER *** *** Michael Horn is an inmate at the Madison County Detention Center (MCDC) in Richmond, Kentucky. Proceeding without a lawyer, Horn filed a civil rights complaint with this Court [R. 1], as well as a motion for leave to proceed in forma pauperis [R. 10]. The Court recently granted Horn’s fee motion [R. 14] and, thus, this matter is now before the Court on initial screening pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2). Horn complaint: appears to list four different defendants in his (1) MCDC Lieutenant Kyle Barrett, (2) MCDC Deputy Deanna Anglin, (3) MCDC Deputy Ashley, and (4) the MCDC itself. [R. 1 at 1-3]. That said, Horn’s only substantive allegation is that Barrett assaulted him with a taser, causing him injuries. [Id. at 4-5]. In fact, Horn specifically says, “There was no one else involved,” and that the other named defendants were only witnesses to the alleged incident. [Id. at 5]. In short, Horn Dockets.Justia.com has failed to state a claim against either Anglin or Ashley and, thus, the Court will dismiss Horn’s claims against these defendants. The Court will also dismiss Horn’s claims against the MCDC. That is because the MCDC is simply a building and not a person or legal entity which may be sued under 42 U.S.C. § 1983. See Marbry v. Corr. Med. Servs., 238 F.3d 422, 2000 WL 1720959, at *2 (6th Cir. 2000) (holding that the Shelby County jail was not subject to suit under § 1983). Plus, even if the Court construes Horn’s complaint as alleging a claim against Madison County, Horn is not complaining about a county policy or custom and, therefore, he fails to state a claim for relief against the county. See Thomas v. City of Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005) (citing Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978)). That only leaves individual capacity. Horn’s claim against Barrett in his That claim can be broadly construed as an excessive force claim, and the Court will allow it to proceed past the initial screening stage. Ultimately, since the Court has already granted Horn pauper status, it will direct the Clerk’s Office and the United States Marshals Service (USMS) to serve Barrett with a summons and copy of the complaint on Horn’s behalf. Accordingly, it is ORDERED as follows: 1. Horn’s claims against defendants Anglin, Ashley, and the Madison County Detention 2 Center are DISMISSED. As a result, the Clerk’s Office is DIRECTED to terminate these defendants from this action. 2. That said, the Court will allow Horn’s claim against defendant MCDC Lieutenant Kyle Barrett to proceed. As a result, MCDC the Clerk’s Office is DIRECTED to list Lieutenant Kyle Barrett as a defendant in this action. 3. A Deputy Clerk shall prepare one “Service Packet” for service upon defendant MCDC Lieutenant Kyle Barrett. That Service Packet shall include: a. a completed summons form; b. the complaint [R. 1]; c. this Memorandum Opinion and Order; and d. a completed USM Form 285. 4. The Deputy Clerk shall deliver the Service Packet to the USMS in Lexington, Kentucky and note the date of delivery in the docket. 5. The USMS shall make arrangements with the appropriate officials at the Madison County Detention Center to personally serve MCDC Lieutenant Kyle Barrett with the Service Packet at: Madison County Detention Center 107 West Irvine Street Richmond, Kentucky 40475 This 6th day of June, 2019. 3 4
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
