Swimpson v. Western VA Regional Jail,et al

Filing 25

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 7/24/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
WILLIE CLARENCE SWIMPSON,
Plaintiff,
v.
WESTERN VA REGIONAL JAIL
MEDICAL DEPT.,
Defendant.

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Civil Action No. 7:16cv00434
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

After being given the opportunity to amend his complaint, plaintiff Willie Clarence
Swimpson, a Virginia inmate proceeding pro se, filed an amended complaint pursuant to 42
U.S.C. § 1983, naming only the “Western VA Regional Jail Medical Dept.” as a defendant.
(Docket No. 21). 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) (emphasis added). Because a medical department is not
a legal entity, it is not a “person” subject to suit under § 1983, and Swimpson cannot maintain
this action against it. See Harden v. Green, 27 F. App’x 173, 178 (4th Cir. 2001) (“The medical
department of a prison may not be sued, because it is not a person within the meaning of
§ 1983.”). Accordingly, I will dismiss Swimpson’s complaint without prejudice pursuant to 42
U.S.C. § 1997e(c)(1). I note that nothing in this opinion precludes Swimpson from refiling his
claims against any individuals who may have violated his federal rights, assuming he has
exhausted his remedies in accordance with 42 U.S.C. § 1997e.
24th
ENTER: This _____ day of July, 2017.