Moore v. River North CC

W.D. Virginia

Moore v. River North CC

DecidedJune 30, 2025

Docket7:24-cv-00750

StatusUnknown

This text of Moore v. River North CC (Moore v. River North CC) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Moore v. River North CC, (W.D. Va. 2025).

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CLERK'S OFFICE U.S. DIST. COUF AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT June 30, 2025 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ROANOKE DIVISION BY: s/A. Beeson DEPUTY CLERK MARVIN MAURICE MOORE, ) Plaintiff, ) Civil Action No. 7:24cv750 ) v. ) OPINION and ORDER ) RIVER NORTH C. C., et al., ) By: Robert S. Ballou Defendants. ) United States District Judge

Marvin Maurice Moore, a Virginia inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, alleging harassment, corporal punishment, and unnecessary force at River North Correctional Center (RNCC). He names RNCC and the Virginia Department of Corrections (VDOC) as defendants. Moore has failed to state a claim for which relief may be granted because neither defendant is a proper party under § 1983. Section 1983 provides a cause of action against a “person” who, acting under color of state law, violates the constitutional rights of another. 42 U.S.C. § 1983; Loftus v. Bobzien, 848 F.3d 278, 284-85 (4th Cir. 2017). Liability under § 1983 is “personal, based upon each defendant’s own constitutional violations.” Trulock v. Freeh, 275 F.3d 391,402 (4th Cir. 2001). RNCC is not a person within the meaning of § 1983, and neither is VDOC. State agencies and their instrumentalities are immune from suit under the sovereign immunity provided by the Eleventh Amendment. Holloman vy. Virginia Dep t of Corr.,, No. 7:22-cv-00478, 2022 WL 17477924, at *1 (W.D. Va. Dec. 5, 2022). Congress may abrogate a state’s Eleventh Amendment immunity by express statutory language, but § 1983 has not done so. Jn re Secretary of Dep t of Crime Control and Pub. Safety, 7 F.3d 1140, 1149 (4th Cir. 1993). Therefore, Moore’s suit is DISMISSED and STRICKEN from the active docket of the court.

The Clerk is directed to send a copy of this opinion and order to the plaintiff. Enter: June 29, 2025 //s/ Robert S. Ballou Robert S. Ballou United States District Judge

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CLERK'S OFFICE U.S. DIST. COUF AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT June 30, 2025 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ROANOKE DIVISION BY: s/A. Beeson DEPUTY CLERK MARVIN MAURICE MOORE, ) Plaintiff, ) Civil Action No. 7:24cv750 ) v. ) OPINION and ORDER ) RIVER NORTH C. C., et al., ) By: Robert S. Ballou Defendants. ) United States District Judge

Marvin Maurice Moore, a Virginia inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, alleging harassment, corporal punishment, and unnecessary force at River North Correctional Center (RNCC). He names RNCC and the Virginia Department of Corrections (VDOC) as defendants. Moore has failed to state a claim for which relief may be granted because neither defendant is a proper party under § 1983. Section 1983 provides a cause of action against a “person” who, acting under color of state law, violates the constitutional rights of another. 42 U.S.C. § 1983; Loftus v. Bobzien, 848 F.3d 278, 284-85 (4th Cir. 2017). Liability under § 1983 is “personal, based upon each defendant’s own constitutional violations.” Trulock v. Freeh, 275 F.3d 391,402 (4th Cir. 2001). RNCC is not a person within the meaning of § 1983, and neither is VDOC. State agencies and their instrumentalities are immune from suit under the sovereign immunity provided by the Eleventh Amendment. Holloman vy. Virginia Dep t of Corr.,, No. 7:22-cv-00478, 2022 WL 17477924, at *1 (W.D. Va. Dec. 5, 2022). Congress may abrogate a state’s Eleventh Amendment immunity by express statutory language, but § 1983 has not done so. Jn re Secretary of Dep t of Crime Control and Pub. Safety, 7 F.3d 1140, 1149 (4th Cir. 1993). Therefore, Moore’s suit is DISMISSED and STRICKEN from the active docket of the court.

The Clerk is directed to send a copy of this opinion and order to the plaintiff. Enter: June 29, 2025 //s/ Robert S. Ballou Robert S. Ballou United States District Judge

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