Fauntleroy v. Department of Corrections et al, No. 3:2011cv00858 - Document 36 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 6/7/2014. Copies as directed to Fauntleroy and counsel of record.(cmcc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEVIN FAUNTLEROY, Plaintiff, Civil Action No. 3:11CV858 v. DEPARTMENT OF CORRECTIONS, et ai, Defendants. MEMORANDUM OPINION Kevin Fauntleroy, a Virginia prisoner proceeding pro se, filed this 42 U.S.C. § 19831 action in which he alleges Defendants2 violated his rights under the Eighth Amendment.3 Fauntleroy alleges that during his incarceration in the Northern Neck Regional Jail ("NNRJ") Defendants failed to ensure that he received adequate medical care for a hand injury. The matter is before the Court on Defendants' Motion for Summary Judgment. Defendants argue that the That statute provides, in pertinent part: Every person who, under color of any statute ... of any State .. . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.... 42 U.S.C. § 1983. The Defendants are: Ted Hull, Superintendent of the Northern Neck Regional Jail ("NNRJ"), Lynn Sudduth, the former chief of inmate services at the NNRJ, and Carolyn Neale, the head nurse at NNRJ. (See Compl. 2-3 (as paginated by the Court's CM/ECF docketing system); Mem. Supp. Mot. Summ. J. 2.) The Court notes that Lynn Sudduth's name is now Lynn Resler. (Mem. Supp. Mot. Summ. J. 2.) For the sake of consistency with Fauntleroy's submissions, the Court refers to her as Lynn Sudduth. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const, amend. VIII.

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