Kersey v. Rockbridge Regional Jail

District Court, W.D. Virginia

Kersey v. Rockbridge Regional Jail

Trial Court Opinion

Al RUAINURE, VA FILED September 13, 2024 IN THE UNITED STATES DISTRICT COURT XAURA A: AUSTIN, CLERK FOR THE WESTERN DISTRICT OF VIRGINIA /s/T. Taylor ROANOKE DIVISION DEPUTY CLERK GREGORY ALLEN KERSEY, ) ) Plaintiff, ) Case No. 7:24-cv-00427 ) v. ) MEMORANDUM OPINION ) ROCKBRIDGE REGIONAL JAIL, ) By: — Hon. Thomas T. Cullen ) United States District Judge Defendant. )

Plaintiff Gregory Allen Kersey, proceeding pro se, filed a civil-rights action under

42 U.S.C. § 1983

naming the Rockbridge Regional Jail as the sole defendant. (See Compl. [ECF No. 1].) Because a jail is not a “person” subject to suit under § 1983, see Perdue v. Penalosa,

38 F.3d 1213, 1213

(4th Cir. 1994), the Court advised Plaintiff that his complaint failed to state a claim for relief under § 1983 against the named defendant and ordered Plaintiff to file an amended complaint correcting this deficiency. (See Order, July 19, 2024 [ECF No. 5].) Plaintiff subsequently filed an amended complaint which largely restates the limited allegations in his original complaint and which, again, names only the Rockbridge Regional Jail as the defendant. (See Am. Compl. [ECF No. 6].) Because Plaintiff's amended complaint did not correct the identified deficiency and still fails to state a claim under § 1983 against the named defendant, the Court will dismiss this action under 28 U.S.C. § 1915A(b)(1). The Clerk is directed to forward a copy of this Memorandum Opinion and accompanying Order to Plaintiff. ENTERED this 13th of September, 2024. [s/ Thomas T. Cullen HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE

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