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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

GARY RESIL,

Plaintiff,

v. CASE NO. 4:11-cv-314-RH-GRJ

JARED MILLER, et al.,

Defendants.

_____________________________/

ORDER

This matter is before the Court on Plaintiff’s pro se First Amended Complaint.

(Doc. 5.) Plaintiff filed his First Amended Complaint on the Court’s civil rights complaint

form for prisoner litigants for actions arising under 42 U.S.C. § 1983. For the reasons

discussed below, it is respectfully RECOMMENDED that Plaintiff’s claims against the

Wakulla County Jail and against United States Immigration and Customs Enforcement

be dismissed with prejudice.

DISCUSSION

In his First Amended Complaint, Plaintiff purports to bring claims under 42

U.S.C. § 1983 against the Wakulla County Jail, Major Jared Miller, Lisa Miller, an

unidentified young white female nurse at the Wakulla County Jail, and the United

States Immigration and Customs Enforcement (“ICE”). Plaintiff alleges that the

Defendants failed to provide him with adequate medical care in connection with a heart

attack he suffered in November 2010 while at the Wakulla County Jail. 

A fair reading of the Complaint reveals that Plaintiff is attempting to bring a

deliberate indifference claim under the Eighth Amendment against the Defendants. 

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Plaintiff was previously advised by the Court that he could not bring a claim under

section 1983 against ICE because it is not a state actor under section 1983. (Doc. 3.)

Plaintiff was also advised by the Court in that Order that the Wakulla County Jail is not

an entity subject to suit under section 1983.

A. Plaintiff’s Claim Against the Wakulla County Jail

Plaintiff names the Wakulla County Jail as a Defendant in his First Amended

Complaint. The Wakulla County Jail has no independent legal existence and therefore

is not an entity that is subject to suit under § 1983. Logue v. Chatham County

Detention Center, No. CV408-028, 2008 WL 895717, at *2 (S.D. Ga. Apr. 2,

2008)(county jail not an independent legal entity subject to suit under section 1983);

Miller v. Benton County Jail, No. 06-5050, 2006 WL 2711482, at *1 (W.D. Ark. Sept. 11,

2006)(county jail not a legal entity subject to suit); Powell v. Cook County Jail, 814

F.Supp. 757, 758 (N.D. Ill.1993)(jail not a person or legal entity subject to suit); Agnew

v. St. Joseph County Jail, No. 395cv608, 1996 WL 534928, at *1 (N.D. Ind. Aug. 14,

1996). Therefore, Plaintiff’s claim against the Wakulla County Jail should be dismissed

with prejudice.

B. Plaintiff’s Claim Against ICE

Plaintiff was advised previously that ICE is not a state actor under 42 U.S.C. §

1983 and therefore is not susceptible to suit for damages for a constitutional violation

under Section 1983. Hindman v. Healy, 278 Fed. Appx. 893, 895 (11 Cir. 2008)(per th

curiam)(“Section 1983 dies not apply to federal actors acting under color of federal

law.”). Accordingly, because a cause of action cannot be brought against ICE under

section 1983 Plaintiff’s claim against ICE is due to be dismissed with prejudice.

Case No: 4:11-cv-314-RH-GRJ

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RECOMMENDATION

For the foregoing reasons, it is respectfully RECOMMENDED Plaintiff’s claims

against the Wakulla County Jail and Plaintiff’s claims against the United States

Immigration and Customs Enforcement should be DISMISSED WITH PREJUDICE.1

IN CHAMBERS this 14 day of October 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party’s objections within 14 days after being

served with a copy thereof. Failure to file specific objections limits the scope of review of

proposed factual findings and recommendations.

In his Complaint Plaintiff also has included claims against several correctional officers and a

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nurse at the W akulla County Jail. Because the Court in a separate order has directed Plaintiff to file an

amended complaint relating to these claims this report and recommendation does not resolve all of the

claims in this case. However, because there is no just reason to delay entry of judgment pursuant to Rule

54(b) of the Federal Rules of Civil Procedure the Court should direct the clerk to enter final judgment

against Plaintiff as to his claims against the W akulla County Jail and as to his claims against ICE.

Case No: 4:11-cv-314-RH-GRJ

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