Lawrence LaDeaux v. Woodbury County Jail ( 2021 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 21-1672
    ___________________________
    Lawrence Conrad LaDeaux
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Woodbury County Jail; Unknown Woodbury County Jail Staff
    lllllllllllllllllllllDefendants - Appellees
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Western
    ____________
    Submitted: August 30, 2021
    Filed: September 3, 2021
    [Unpublished]
    ____________
    Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Lawrence LaDeaux appeals the district court’s1 adverse grant of summary
    judgment in his 
    42 U.S.C. § 1983
     action. Upon de novo review, we affirm. See
    1
    The Honorable Linda R. Reade, United States District Judge for the Northern
    District of Iowa.
    Johnson v. Outboard Marine Corp., 
    172 F.3d 531
    , 535 (8th Cir. 1999) (standard of
    review; this court may affirm on any basis supported by record). We find that
    LaDeaux’s claim against the Woodbury County Jail failed, as the Jail was not a legal
    entity subject to suit. See Owens v. Scott Cnty. Jail, 
    328 F.3d 1026
    , 1027 (8th Cir.
    2003) (per curiam) (affirming grant of summary judgment to jail, as county jails are
    not legal entities amenable to suit). As to the claims against the unnamed Jail staff,
    the complaint stated only official-capacity claims, and thus raised claims only against
    Woodbury County itself. See Johnson, 
    172 F.3d at 535
     (in order to sue public official
    in his individual capacity, plaintiff must expressly and unambiguously state so in
    pleadings; official-capacity suit against public employee is merely suit against public
    employer). As LaDeaux neither alleged nor presented evidence showing that the
    alleged denial of medical care was due to any county policy or custom, we conclude
    that summary judgment was proper. See Monell v. Dep’t of Soc. Servs., 
    436 U.S. 658
    , 694 (1978) (municipality may only be liable when constitutional violation at
    issue was committed pursuant to municipality’s policy or custom); Johnson, 
    172 F.3d at 536
     (affirming grant of summary judgment where plaintiffs failed to allege facts
    or produce evidence showing that alleged constitutional violation was result of
    county policy or custom).
    The judgment is affirmed. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 21-1672

Filed Date: 9/3/2021

Precedential Status: Non-Precedential

Modified Date: 9/3/2021