Harber v. Southwest Virginia Regional Jail- Duffield

Filing 5

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/11/2014. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BILLY HARBER,
Plaintiff,
v.
SOUTHWEST VIRGINIA
REGIONAL JAIL DUFFIELD,
Defendant.

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Civil Action No. 7:14cv00675
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Plaintiff Billy Harber, 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 Duffield” 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,
Harber 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 11th day of December, 2014.