Hathorn v. Neshoba County Jailhouse et al, No. 4:2011cv00129 - Document 6 (S.D. Miss. 2011)
Court Description: MEMORANDUM OPINION AND ORDER dismissing Defendant Neshoba County Jailhouse without prejudice as set out in the order. Neshoba County Jailhouse terminated. Signed by District Judge Carlton W. Reeves on 12/2/2011. (JS)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION RICKY FITZGERALD HATHORN, # L-1961 VERSUS PLAINTIFF CAUSE NO. 4:11cv129-CWR-FKB NESHOBA COUNTY JAILHOUSE and JIMMY REED DEFENDANTS MEMORANDUM OPINION AND ORDER DISMISSING JAIL BEFORE THE COURT is pro se Plaintiff Ricky Fitzgerald Hathorn s [1] Complaint. He is in the custody of the Neshoba County Jail. He brings this action challenging conditions of his confinement against Defendants Neshoba County Jailhouse and Jimmy Reed, the jail s administrator. The Court has considered and liberally construed the pleadings. The jail s capacity to be sued is determined by Mississippi law. Fed. R. Civ. P. 17(b)(3). In Mississippi, a county jail is not a separate legal entity which may be sued, rather it is an extension of the county. Tuesno v. Jackson, No. 5:08cv302-DCB-JMR, 2009 U.S. Dist. LEXIS 61416 at *2-3 (S.D. Miss. Apr. 30, 2009). See also, Brown v. Thompson, 927 So. 2d 733, 737 (ΒΆ12) (Miss. 2006) (sheriff s department). Therefore, the jail is dismissed. IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons stated above, Defendant Neshoba County Jailhouse should be and is hereby DISMISSED WITHOUT PREJUDICE. The case will proceed against the remaining defendant. SO ORDERED, this the 2nd day of December, 2011. s/Carlton W. Reeves UNITED STATES DISTRICT JUDGE
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