Kersey v. Rockbridge Regional Jail

Opinion

CLERK'S OFFICE U.S. DIST. COUI AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT July 09, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ROANOKE DIVISION BY: s/A. Beeson DEPUTY CLERK GREGORY ALLEN KERSEY, ) ) Plaintiff, ) Civil Action No. 7:24cv00317 ) v. ) MEMORANDUM OPINION ) ROCKBRIDGE REGIONAL JAIL, ) By: | Hon. Thomas T. Cullen ) United States District Judge Defendant. )

Plaintiff Gregory Allen Kersey, an inmate proceeding pro se, filed this civil action under 42 US.C. § 1983, against the Rockbridge Regional Jail (“Jail’’). Kersey seeks leave to proceed in forma pauperis with this action. Having reviewed the record, the court grants Kersey’s request to proceed 7 forma pauperis but concludes that his complaint fails to state a cognizable federal claim against the Jail. Therefore, the court will dismiss Kersey’s complaint under 28 U.S.C. § 1915(e)(2)(B) ay). I. Kersey alleges that he is receiving his Suboxone! medication crushed up and in water, which is not giving him “the full effect.” (Compl. at 2 [ECF No. 1].) Kersey names only the Jail as a defendant. The court conditionally filed Kersey’s complaint, advised him that his complaint failed to state a claim against the Jail, and gave him the opportunity to file an amended complaint.

' Suboxone 1s “used to treat narcotic (opiate) addiction” and 1s “not for use as a pain medication.” Drugs.com, Suboxone, available at https://www.drugs.com/suboxone.html (last visited July 9, 2024). “Suboxone contains a combination of buprenorphine and naloxone. Buprenorphine is an opioid medication, sometimes called a narcotic. Naloxone blocks the effects of opioid medication, including pain relief or feelings of well-being that can lead to opioid abuse.” Id

(See ECF No. 7.) The court advised Kersey that if he failed to amend the complaint to correct the noted deficiency within 21 days, the court would assume that he stands on his original complaint and waives his right to amend. The court also warned Kersey that failure to amend

his complaint would result in dismissal of the complaint. Kersey did not file an amended complaint. II. 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). Because a jail is not a legal entity, it is not a “person” subject to suit under § 1983 and Kersey cannot maintain this action against the Jail. See McCoy v. Chesapeake Corr. Ctr., 788 F. Supp. 890, 894 (E.D. Va. 1992) (holding that a jail “is not an individual, a corporation, a partnership, or an unincorporated association. Therefore, it lacks the capacity to be sued as a jail.”). Accordingly, the court will dismiss this action for failure to state a claim against the named defendant.

The Clerk is directed to forward a copy of this Memorandum Opinion and the accompanying Order to Kersey. ENTERED this 9th day of July, 2024.

/s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE