Bailey v. Southwest Virginia Regional Jail-Duffield, No. 7:2016cv00367 - Document 9 (W.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 8/25/2016. (tvt)
Download PDF
<![CDATA[
Bailey v. Southwest Virginia Regional Jail-Duffield Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION STONEY JAMES BAILEY, Plaintiff, v. SOUTHWEST VIRGINIA REGIONAL JAIL- DUFFIELD, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 7:16cv00367 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Plaintiff Stoney James Bailey, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, naming only the Southwest Virginia Regional Jail in 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) (emphasis added). As the Southwest Virginia Regional Jail is not a “person” subject to suit under § 1983, Bailey cannot maintain this action against the defendant jail. See McCoy v. Chesapeake Correctional Center, 788 F. Supp. 890 (E.D. Va. 1992). Accordingly, I will dismiss Bailey’s complaint without prejudice pursuant to 42 U.S.C. § 1997e(c)(1). 25th ENTER: This _____ day of August, 2016. Dockets.Justia.com
]]>
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.
