United States District Court, D. Montana, Billings Division
P. WATTERS UNITED STATES DISTRICT JUDGE
David James Matthew brought a complaint against various
government entities and agents alleging constitutional
violations arising from his confinement at the Yellowstone
County Detention Facility. On May 13, 2016, United States
Magistrate Judge Ostby screened Matthew's complaint
pursuant to 28 U.S.C. §§ 1915, 1915A, and found
that the complaint failed to state a claim. (Doc. 10). This
Court adopted Judge Ostby's finding in full. (Doc. 14).
5, 2016, Matthew filed an amended complaint. (Doc. 15).
United States Magistrate Judge Cavan screened Matthew's
amended complaint pursuant to 28 U.S.C. §§ 1915,
1915A. Judge Cavan recommends all claims in the original
complaint be dismissed, counts I, IV, and V of the amended
complaint be dismissed, and numerous defendants be dismissed.
(Doc. 21). Matthew objects to the dismissal of Yellowstone
County, the Yellowstone County Sheriffs Office, the United
States Marshal Service, and Riverstone Health. (Doc. 28).
Statement of the case
does not object to the Statement of the Case contained in
Judge Cavan's Findings and Recommendations. Judge
Cavan's Statement of the Case is therefore adopted in
Standard of review
district court reviews de novo any part of a Magistrate
Judge's Findings and Recommendations to which there has
been proper objections. 28 U.S.C. § 636(b)(1);
Motion to Dismiss
motion to dismiss for failure to state a claim is governed by
Fed.R.Civ.P. 12(b)(6). To survive a motion to dismiss,
"a complaint must contain sufficient factual matter,
accepted as true, to 'state a claim to relief that is
plausible on its face."' Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (quoting Bell Atlantic
Corporation v. Twombly, 550 U.S. 544, 570 (2007)).
"A claim has facial plausibility when the pleaded
factual content allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged." Iqbal, 556 U.S. at 678.
Cavan found Yellowstone County, the Yellowstone County
Sheriffs Office, and Riverstone Health ("Yellowstone
County Defendants") should be dismissed because Matthew
failed to allege any facts that impose liability on the
entities. (Doc. 21 at 8-9). Judge Cavan found the Marshal
Service should be dismissed because it has sovereign immunity
as an agency of the United States. (Doc. 21 at 7). Matthew
argues the Yellowstone County Defendants and the Marshal
Service are not immune from suit and should not be dismissed.
The Court agrees with Judge Cavan.
The Yellowstone County Defendants
municipal entity has no respondeat superior liability under
42 U.S.C. § 1983. Monell v. Dept. of Social
Services,436 U.S. 658, 691 (1978). Instead, § 1983
imposes liability on municipal entities where official policy
or custom causes a constitutional tort. Monell, 436
U.S. at 690. The rule in Monell applies with equal
force to private corporations providing ...