Judge Glenn Suddaby
Jenkins’ pro se complaint charged that on April 28 male sheriff’s deputies in the Onondaga County Jail stripped her of her clothing, and placed her in a room naked until released the next day. The deputies’ actions allegedly violated Jenkins’ “moral and civil rights,” her Eighth Amendment right to be free of cruel and unusual punishment, and invaded her privacy as a woman. District court adopted a magistrate judge’s recommendation that suit be dismissed, without prejudice, for failure to state a claim. The magistrate found Jenkins failed to identify a defendant that could be sued under 42 USC §1983. She had previously been informed that she could not sue the Onondaga County Sheriff’s Department as it was merely an administrative arm of a municipality. Further, she did not allege facts plausibly suggesting that the county adopted a custom or policy that was the moving force behind her alleged constitutional deprivations. The court determined that the only portion of the magistrate’s report that Jenkin’s specifically challenged was its finding that Jenkins’ complaint failed to identify a defendant that could be sued under 42 USC §1983. The court found the entirety of the magistrate judge’s report and recommendations to be error free.
