Marshall v. Jackson ( 2023 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION RANDY CARL MARSHALL PLAINTIFF V. CIVIL ACTION NO. 3:23-CV-117-DPJ-FKB WARDEN DONALD JACKSON, ET AL. DEFENDANTS ORDER Pro se Plaintiff Randy Carl Marshall alleges that he was injured when Defendants Jackson, Smith, Gray, and McClendon failed to protect him from being assaulted by four inmates on November 24, 2022. Compl. [1] at 4–5; Resp. [12] at 1–3. The incident giving rise to his Complaint occurred while Marshall was housed at the East Mississippi Correctional Facility in the custody of the Mississippi Department of Corrections. Compl. [1] at 4. Marshall filed this suit under 42 U.S.C. § 1983 against Defendants Warden Donald Jackson, Sergeant “Unknown” Smith, Management Training Corporation (MTC), Lieutenant “Unknown” Gray, Major “Unknown” McClendon, the Mississippi Department of Corrections, and John Does. Marshall is proceeding in forma pauperis. See Order [5]. Having reviewed Marshall’s Complaint [1] and Response [12], the Court dismisses the claims against the Mississippi Department of Corrections and MTC. I. Discussion Under the Prison Litigation Reform Act of 1995, “a district court [may] dismiss an in forma pauperis prisoner’s civil rights claim sua sponte if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted.” Carlucci v. Chapa, 884 F.3d 534, 537 (5th Cir. 2018) (citing Green v. Atkinson, 623 F.3d 278, 280 (5th Cir. 2010)); see also 28 U.S.C. §§ 1915(e)(2)(B)(i)–(ii), 1915A(b)(1). Marshall’s claims fall under § 1983, which provides, “[e]very person who, under color of [state law], subjects . . . any citizen . . . thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” 42 U.S.C. § 1983 (emphasis added). A. Defendant Mississippi Department of Corrections Neither the State of Mississippi nor its agencies are “amenable to suit under 42 U.S.C. § 1983 because they are not considered ‘persons’ within the meaning of the statute.” Scott v. Miss. Dep’t of Corrs., No. 2:05-CV-2159-KS-JMR, 2006 WL 1666258, at *2 (S.D. Miss. June 12, 2006) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 64 (1989)). The Mississippi Department of Corrections was established under statutory authority as an arm of the state and thus is not considered a “person” under § 1983. See Miss. Code Ann. § 47-5-1. Therefore, Marshall cannot maintain this § 1983 case against the Mississippi Department of Corrections. B. Defendant Management Training Corporation (MTC) Marshall states in his Response [12] that he “would like to file a notice of voluntary dismissal of Defendant MTC.” Pl.’s Resp. [12] at 2. Marshall’s request is construed as his voluntary dismissal of Defendant MTC. II. Conclusion For the foregoing reasons, Marshall cannot maintain this § 1983 against Defendant Mississippi Department of Corrections and this Defendant will be dismissed. Marshall’s request to voluntarily dismiss Defendant MTC will be granted. IT IS, THEREFORE, ORDERED that Defendant Mississippi Department of Corrections is dismissed with prejudice. IT IS FURTHER ORDERED that Plaintiff Randy Carl Marshall’s request to voluntarily dismiss Defendant Management Training Corporation (MTC) is granted; Defendant Management Training Corporation (MTC) is dismissed without prejudice. SO ORDERED AND ADJUDGED this the 21st day of December, 2023. s/ Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE