United States District Court, Western District of Virginia, Roanoke Division
Jackson L. Kiser Senior United States District Judge
Randall Gravely, a Virginia inmate proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff names the Western Virginia Regional Jail Medical Department as the sole defendant. This matter is before me for screening, pursuant to 28 U.S.C. § 1915 and § 1915 A, because Plaintiff filed financial documents for leave to proceed in forma pauperis. After reviewing Plaintiffs submissions, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.
I must dismiss any action or claim filed by an inmate if I determine that the action or claim is frivolous or fails to state a claim on which relief may be granted. See 28 U.S.C. §§ 1915(e)(2), 1915A(b)(l); 42 U.S.C. § 1997e(c). To state a claim under § 1983, a plaintiff must allege "the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988). However, Plaintiff fails to name a person subject to liability via §1983 because a "Medical Department" is not an appropriate defendant to a § 1983 action. Will v. Michigan Dep't of State Police, 491 U.S. 58, 70-71 (1989); see Ferguson v. Morgan. No. I:90cv06318, 1991 U.S. Dist. LEXIS 8295, 1991 WL 115759, at *1 (S.D.N.Y. June 20, 1991) (concluding that the Otisville Correctional Facility Medical Staff is not a person for ...