Vanmeter v. Southwest VA Regional Jail

Filing 5

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 09/29/2014. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
LEROY VANMETER, JR.,
Plaintiff,
v.
SOUTHWEST VIRGINIA
REGIONAL JAIL,
Defendant.

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Civil Action No. 7:14cv00490
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Plaintiff Leroy Vanmeter, Jr., a Virginia inmate proceeding pro se, brings this civil rights
action pursuant to 42 U.S.C. § 1983, naming only the Southwest Virginia Regional Jail as a
defendant. To state a cause of action under § 1983, a plaintiff must allege facts indicating that he
has been deprived of rights guaranteed by the Constitution or laws of the United States and that
this deprivation resulted from conduct committed by a person acting under color of state law.
West v. Atkins, 487 U.S. 42 (1988). As a jail is not a “person” subject to suit under § 1983,
Vanmeter cannot maintain his action against the defendant jail. See McCoy v. Chesapeake
Correctional Center, 788 F. Supp. 890 (E.D. Va. 1992). Therefore, I will dismiss this action
without prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
ENTER: This 29th day of September, 2014.