United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
L. HORNSBY U.S. MAGISTRATE JUDGE
accordance with the standing order of this court, this matter
was referred to the undersigned Magistrate Judge for review,
report and recommendation.
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.
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
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.
Plaintiff seeks monetary compensation.
following reasons, Plaintiff's complaint should be
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”).
Plaintiff fails to state a claim upon which relief may be
granted relative to the Bossier Medium.