Vanmeter v. Southwest VA Regional Jail, No. 7:2014cv00490 - Document 5 (W.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 09/29/2014. (kab)
Download PDF
<![CDATA[
Vanmeter v. Southwest VA Regional Jail Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION LEROY VANMETER, JR., Plaintiff, v. SOUTHWEST VIRGINIA REGIONAL JAIL, Defendant. ) ) ) ) ) ) ) ) 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. Dockets.Justia
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
