United States District Court, D. South Carolina
REPORT AND RECOMMENDATION (PARTIAL SUMMARY
BRISTOW MARCHANT, UNITED STATES MAGISTRATE JUDGE
Plaintiff, Aaron Shah Khan, proceeding pro se and in
forma pauperis, brings this action pursuant to 42
U.S.C. § 1983. He is an inmate at the Aiken County
Detention Center (ACDC). He alleges that Defendants have been
deliberately indifferent to his serious medical needs in
violation of his constitutional rights.
established local procedure in this judicial district, a
careful review has been made of the pro se
Complaint pursuant to the procedural provisions of 28 U.S.C.
§ 1915 and § 1915A, the Prison Litigation Reform
Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), and in light
of the following precedents: Denton v. Hernandez.
504 U.S. 25 (1992), Neitzke v. Williams. 490 U.S.
319 (1989), Haines v. Kerner. 404 U.S. 519 (1972),
Nasim v. Warden. Maryland House of Com, 64 F.3d 951
(4th Cir. 1995), and Todd v. Baskerville. 712 F.2d
70 (4th Cir. 1983). Pro se complaints are held to a less
stringent standard than those drafted by attorneys,
Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.
1978), and a federal district court is charged with liberally
construing a pro se complaint to allow the
development of a potentially meritorious case. Hughes v.
Rowe, 449 U.S. 5, 9 (1980); Cruz v. Beto. 405
U.S. 319 (1972); Erickson v. Pardus. 551 U.S. 89, 93
(2007) (citing Bell Atlantic Corp. v. Twomblv. 550
U.S. 544, 555-56 (2007)).
even when considered pursuant to this liberal standard,
Defendant ACDC is subject to summary dismissal. The
requirement of liberal construction does not mean that the
court can ignore a clear failure in the pleading to allege
facts which set forth a claim cognizable in a federal
district court. See Weller v. Dep't of Soc.
Servs.. 901 F.2d 387 (4th Cir. 1990); see also
Ashcroft v. Iqbal, 556 U.S. 662 (2009) [outlining
pleading requirements under the Federal Rules of Civil
have routinely held that an inanimate object such as a
building, facility, and grounds, such as the ACDC, do not act
under color of state law, and is not a "person"
subject to suit under § 1983. See Allison v.
California Adult Auth.. 419 F.2d 822, 823 (9th Cir.
1969)[California Adult Authority and San Quentin Prison not
"personfs]" subject to suit under 42 U.S.C. §
1983]; Nelson v. Lexington Cntv. Pet. Ctr.. C/A No.
8:10-2988-JMC, 2011 WL 2066551, at *1 (D.S.C. May 26, 2011)
[Finding that a detention center, as a building and not a
person, was not amenable to suit under § 1983];
Preval v. Reno. 57 F.Supp.2d 307, 310 (E.D. Va.
1999)["[T]he Piedmont Regional Jail is not a
'person,' and therefore not amenable to suit under 42
U.S.C. § 1983."]; Brooks v. Pembroke City
Jail. 722 F.Supp. 1294, 1301(E.D. N.C.
1989)["Claims under § 1983 are directed at
'persons' and the jail is not a person amenable to
on the foregoing, it is recommended that the Court dismiss
Defendant Aiken County Detention Center, without prejudice
and without issuance and service of process. The Complaint
should be served on the remaining Defendants.
attention is directed to the important notice no the next
of Right to File Objections to Report and
parties are advised that they may file specific written
objections to this Report and Recommendation with the
District Judge. Objections must specifically identify the
portions of the Report and Recommendation to which objections
are made and the basis for such objections. "[I]n the
absence of a timely filed objection, a district court need
not conduct a de novo review, but instead must 'only
satisfy itself that there is no clear error on the face of
the record in order to accept the recommendation.'"
Diamond v. Colonial Life & Ace. Ins. Co.. 416
F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory
written objections must be filed within fourteen (14) days of
the date of service of this Report and Recommendation. 28
U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P.
6(a), (d). Filing by mail pursuant to Federal Rule of Civil
Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District ...