Eddy v. Blosser

Filing 8

MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 4/24/2017. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
TRAVIS KEITH EDDY,
Plaintiff,

v.
DALE BLOSSER,
Defendant.

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Civil Action No. 5:17-cv-00033

MEMORANDUM OPINION

By:

Hon. Michael F. Urbanski
United States District Judge

Travis Keith Eddy, a Virginia inmate proceeding prose, filed a complaint pursuant to 42
U.S.C. § 1983 naming three defendants: Special Agent Dale Blosser, the Virginia State Police
Bureau oflnvestigation General Investigation Section, and Commonwealths Polygraph
Technician Officials.
The court must dismiss any action or claim filed by an inmate if it is frivolous, meaning it
is based on "an indisputably meritless legal theory," "infringement of a legal interest which
clearly does not exist," or "clearly baseless" factual contentions. Neitzke v. Williams, 490 U.S.
319, 327 (1989); see 28 U.S.C. §§ 1915(e)(2), 1915A(b)(l); 42 U.S.C. § 1997e(c). Neither the
Commonwealth of Virginia nor its Department of State Police is a "person" for purposes of
§ 1983. See Will v. Michigan Dep't of State Police, 491 U.S. 58, 70 (1989) (stating states and
governmental entities that are considered arms of the state are not persons under§ 1983). A
collection of staff, such as technicians or an organizational section, is also not a "person" for
purposes of§ 1983. See, e.g., Ferguson v. Morgan, No. 1:90cv06318, 1991 U.S. Dist. LEXIS
8295, 1991 WL 115759, at *1 (S.D.N.Y. June 20, 1991) (concluding that a group of personnel,
like "medical staff," is not a "person" for purposes of§ 1983). Accordingly, Plaintiff pursues an
indisputably meritless legal theory by naming either the Virginia State Police Bureau of
Investigation General Investigation Section or Commonwealths Polygraph Technician Officials

as a defendant. Accordingly, claims against these two defendants are dismissed, and they are
terminated from the case. The action shall proceed against Special Agent Dale Blosser.
ENTER: This

').L/~ of April, 2017.

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United States District J.aifge

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