IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Antwain Hollis, ) C/A No.: 1:24-434-DCN-SVH ) Plaintiff, ) ) v. ) ) ORDER AND NOTICE Cherokee County Sheriff Steve ) Mueller, ) ) Defendant. ) )

Antwain Hollis (“Plaintiff”), proceeding pro se, filed this complaint pursuant to

against Cherokee County Sheriff Steve Mueller (“Defendant”), alleging Defendant violated his constitutional rights. Pursuant to

(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(d) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. I. Factual and Procedural Background Plaintiff is detained at the Cherokee County Detention Center (“CCDC”). Plaintiff alleges CCDC is overcrowded, unclean, and too cold for living conditions. [ECF No. 1 at 5]. He also claims the food was infested with maggots. . Plaintiff alleges he became sick from eating the food and he has broken out in a rash due to the unclean conditions. . at 6. He claims his “mental state is unstable” and he has not been seen about his mental health or rash. . He seeks $300,000 in damages.

II. Discussion A. Standard of Review Plaintiff filed his complaint pursuant to

, which permits an indigent litigant to commence an action in federal court without prepaying

the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss a case upon a finding that the action fails to state a claim on which relief may be granted or is frivolous or malicious.

(e)(2)(B)(i), (ii). A

finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. ,

(1992). A claim based on a meritless legal theory may be dismissed sua sponte under

(e)(2)(B). ,

(1989).

A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se complaints are held to a less stringent standard than those drafted by attorneys. ,

(4th Cir. 1978). In evaluating

a pro se complaint, the plaintiff’s allegations are assumed to be true. .,

(2d Cir. 1975). The mandated liberal construction afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should do so. A federal court is charged with liberally construing a complaint filed by

a pro se litigant to allow the development of a potentially meritorious case. ,

(2007). The requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts that set forth a claim

currently cognizable in a federal district court. .,

, 390–91 (4th Cir. 1990). Although the court must liberally construe a pro se complaint, the United States Supreme Court has made it clear a plaintiff must do more than make conclusory statements to state a

claim. ,

, 677‒78 (2009); ,

(2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face, and the reviewing court need only accept as true the complaint’s

factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis 1. No Supervisory Liability Plaintiff’s complaint contains no factual allegations specific to

Defendant. To the extent Defendant is sued only in his official capacity, Plaintiff has failed to state a claim under § 1983. The doctrine of supervisory liability is generally inapplicable to § 1983 suits, such that an employer or supervisor is not liable for the acts of his employees, absent an official policy or custom that results in illegal action.

,

(1978); ,

, 1142–43 (4th Cir. 1982). The Supreme Court explains that “[b]ecause vicarious liability is inapplicable to and § 1983 suits, a plaintiff must plead that each Government-official defendant, through

the official’s own individual actions, has violated the Constitution.” ,

; ,

, 372–74 (4th Cir. 1984) (finding officials may be held liable for the acts of their subordinates, if the official is aware of a pervasive, unreasonable risk of harm from a specified source and

fails to take corrective action as a result of deliberate indifference or tacit authorization). Accordingly, Defendant is subject to summary dismissal. 2. General Prison Conditions Plaintiff’s general complaints of overcrowding and unclean conditions do

not meet the standard of “excessive risk” to the health and safety of an inmate under the Fourteenth Amendment. , No. 1:18- 2007-HMH-SVH,

, at *1-4 (D.S.C June 4, 2019), adopted by, No. 1:18-2007-HMH-SVH,

(D.S.C. July 3, 2019). Although

Plaintiff alleges he became sick from the food on one occasion, such allegations are insufficient, standing alone, to constitute a constitutional violation. Living conditions in prison are not always ideal, and inmates cannot expect the services and amenities afforded at a good hotel. ,

(7th Cir 1988) (finding no constitutional violation when an

inmate was not provided soap, a toothbrush, or toothpaste for ten days). Short term sanitation issues, while perhaps unpleasant, do not amount to constitutional violations. , 5:14-cv-128-FDW,

, at *5 (W.D.N.C Feb. 18, 2016) (citing .,

, 958 (8th Cir. 1994)). Plaintiff’s allegations, without more, do not rise to the level of a constitutional violation. NOTICE CONCERNING AMENDMENT Plaintiff may attempt to correct the defects in his complaint by filing an

amended complaint by March 5, 2024, along with any appropriate service documents. Plaintiff is reminded an amended complaint replaces the original complaint and should be complete in itself. ,

, 572 (4th Cir. 2001) (“As a general rule, an amended pleading

ordinarily supersedes the original and renders it of no legal effect.”) (citation and internal quotation marks omitted). If Plaintiff files an amended complaint, the undersigned will conduct screening of the amended complaint pursuant to 28 U.S.C. § 1915A. If Plaintiff fails to file an amended complaint or fails to

cure the deficiencies identified above, the undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. IT IS SO ORDERED. PP Ut Slalger February 18, 2024 Shiva V. Hodges Columbia, South Carolina United States Magistrate Judge