Davis v. Doe et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOSHUA DALE DAVIS 	PLAINTIFF
# 038849
v. 	CASE NO. 3:25-CV-00212-BSM-JTK
CROSS COUNTY
SHERIFF’S OFFICE, et al. 	DEFENDANTS
ORDER
After careful review of the record, United States Magistrate Judge Jerome T.
Kearney’s recommended disposition [Doc. No. 4] is adopted. First, Joshua Davis’s claim
against the Cross County Detention Center is dismissed without prejudice because detention
centers are not “persons” subject to suit under under 42 U.S.C. § 1983. See De La Garza v.
Kandiyohi Cty. Jail, Corr. Inst., 18 F. App’x 436, 437 (8th Cir. 2001). 	Second, Davis’s
claims against defendants in their official capacities are dismissed without prejudice because
he has not pled that a policy, practice, or deliberately indifferent failure to train or supervise
caused his injuries. See Corwin v. City of Independence, Missouri, 829 F.3d 695, 699 (8th
Cir. 2016) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978)). Third, Davis’s
retaliation claim is dismissed without prejudice because he fails to show his unrelated lawsuit
caused retaliatory animus. Davis’s excessive force claims against Jail Guards Allan Doe and
Chris Doe may proceed. The clerk is directed to update the case style to reflect the dismissal
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of Cross County Sheriff’s Office and add Allan Doe and Chris Doe as defendants.
IT IS SO ORDERED this 24th day of October, 2025.
________________________________
UNITED STATES DISTRICT JUDGE
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