Chafin v. West Virginia Division of Juvenile Services et al

Filing 31

ORDER adopting and incorporating the 29 Proposed Findings and Recommendation by Magistrate Judge; 15 Motion by West Virginia Division of Juvenile Services, West Virginia Industrial Home for Youth, to dismiss is granted; the West Virgin ia Division of Juvenile Services and the West Virginia Industrial Home for Youth are dismissed from this action. The matter continues to be referred to Magistrate Judge Tinsley for further proceedings as to the unknown individual defendants. Signed by Judge John T. Copenhaver, Jr. on 2/28/2018. (cc: plaintiff; counsel of record; United States Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

CHRISTOPHER LEE CHAFIN,
Plaintiff,

v.

Civil Action No. 2:16-cv-05127

WEST VIRGINIA DIVISION OF JUVENILE SERVICES,
WEST VIRGINIA INDUSTRIAL HOME FOR YOUTH, and
UNKNOWN OFFICERS WHO WORKED AT
WEST VIRGINIA INDUSTRIAL HOME FOR YOUTH,
Defendants.

ORDER

Pending is the motion to dismiss filed by the West
Virginia Division of Juvenile Services (“WVDJS”) and the West
Virginia Industrial Home for Youth (“WVIHY”) on June 22, 2017.

Defendants assert that this action, alleging physical
and sexual abuse of the plaintiff when he was a minor, is timebarred and that WVDJS and WVIHY are arms of the State of West
Virginia and, as such, are not suable entities under 42 U.S.C.
§ 1983 and are immune from a suit for damages in federal court
under the Eleventh Amendment of the United States Constitution.
Plaintiff counters that he had suppressed memories of the abuse

and that a delayed discovery rule should be applied to the
statute of limitations.

This matter having been referred to United States
Magistrate Judge Dwane L. Tinsley pursuant to 28 U.S.C. §
636(b)(1)(B), he filed his Proposed Findings and Recommendation
(“PF&R”) on January 25, 2018.

Magistrate Judge Tinsley finds

persuasive the sovereign immunity and suability arguments of the
institutional defendants but considers that further factual
development is needed to determine the applicability of the
statute of limitations defense as to the unknown individual
defendants.

Accordingly, the magistrate judge recommends that

the motion to dismiss be granted and that the matter continue to
be referred to him for further proceedings concerning the claims
against the unknown defendants.

No objections having been filed to the PF&R, the
parties have waived de novo review by this court.

Accordingly,

it is ordered as follows:

1. That the PF&R be, and it hereby is, adopted and
incorporated in full herein.

2. That the motion to dismiss by defendants West
Virginia Division of Juvenile Services and West

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ORDER AND NOTICE
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
Virginia Industrial Home for Youth be, and it hereby
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
supporting
is, granted. briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
3. That the West Virginia Division of Juvenile Services
02/08/2016
Last day for Rule 26(f) meeting.
and the West Virginia Industrial Home for Youth be,
02/15/2016
Last day to file Report of Parties= Planning
and they hereby are, dismissed from this action.
Meeting. See L.R. Civ. P. 16.1.
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
The matterUnited States Courthouse in Charleston, before
Byrd continues to be referred to Magistrate
the undersigned, unless canceled. Lead counsel
Judge Tinsley for further proceedings as to the unknown
directed to appear.
02/29/2016
Entry of The Clerk order.
individual defendants. scheduling is requested to transmit
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
copies of this order to plaintiff, all counsel of record, and
The Clerk is Judge Dwane L. Tinsley.
United States Magistraterequested to transmit this Order and
Notice to all counsel of record and to any unrepresented
parties.
DATED: February 28, 2016
DATED: January 5, 2018
John T. Copenhaver, Jr.
United States District Judge

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