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Lyons v. Medium

United States District Court, W.D. Louisiana, Shreveport Division

March 22, 2018

CHRISTOPHER WILLIAM LYONS
v.
BOSSIER MEDIUM

          CHIEF JUDGE HICKS

          REPORT AND RECOMMENDATION

          MARK L. HORNSBY U.S. MAGISTRATE JUDGE

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Christopher William Lyons (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on November 25, 2015. Plaintiff is currently incarcerated at the LaSalle Correctional Center, but claims his civil rights were violated while incarcerated at the Bossier Medium Facility in Plain Dealing, Louisiana. He names Bossier Medium as defendant.

         Plaintiff claims that while incarcerated at the Bossier Medium Facility from October 20, 2015 to October 29, 2015, he suffered pain because the bathroom cleaner contained bleach. He claims that when urine mixed with the bleach cleaner, a deadly gas was created. He claims the door was never opened so the bathroom did not air out. He claims people in the bathroom became sick and coughed.

         Plaintiff claims he fell while walking around the tables on the outside of the showers. He claims the floor was wet because the showers had just been cleaned. He claims the workers did not dry the floor after cleaning it. He claims he has a rod with 20 pins and 2 screws attached to his spine and the fall caused him pain. He claims the Warden did nothing for his pain. Plaintiff claims he was then transferred to LaSalle Correctional Center and his x-rays were sold.

         Accordingly, Plaintiff seeks monetary compensation.

         For the following reasons, Plaintiff's complaint should be dismissed.

         LAW AND ANALYSIS

         DEFENDANT

         Plaintiff names Bossier Medium as defendant. The defendant Bossier Medium is not is not a proper defendant. Pursuant to 42 U.S.C. § 1983, only a “person” may be sued for the violation of an inmate's constitutional rights. The Bossier Medium is not a person within the meaning of this statute. See, e.g., Castillo v. Blanco, 2007 WL 2264285, (E.D. La., Aug. 1, 2007) (finding that a state prison is not a person within the meaning of this statute). See also Glenn v. Louisiana, 2009 WL 382680, (E.D. La., Feb. 11, 2009) (noting that “a jail is merely a building, not a ‘person' subject to suit under 42 U.S.C. § 1983”).

         Accordingly, Plaintiff fails to state a claim upon which relief may be granted relative to the Bossier Medium.

         CONDITIONS ...


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