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Crowe v. Conmed Medical

United States District Court, W.D. Virginia, Roanoke Division

May 1, 2014

HOWARD DIETZ CROWE, JR., Plaintiff,
v.
CONMED MEDICAL, et al., Defendants.

MEMORANDUM OPINION

JACKSON L. KISER, District Judge.

Howard Dietz Crowe, Jr., a Virginia inmate proceeding pro se, filed a Complaint, pursuant to 42 U.S.C. § 1983, naming ConMed Medical and the Western Virginia Regional Jail ("Jail") as defendants. This matter is before me for screening, pursuant to 28 U.S.C. § 1915A. After reviewing Plaintiff's submissions, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.

I must dismiss claims alleged against the Jail because the Jail is not amenable to suit via § 1983. See West v. Atkins , 487 U.S. 42, 48 (1988) (recognizing a § 1983 claim must allege the violation of a federal right by a person acting under color of state law); Preval v. Reno , 57 F.Supp.2d 307, 310 (E.D. Va. 1999) ("[T]he Piedmont Regional Jail is not a "person, " and therefore not amenable to suit under 42 U.S.C. § 1983."), aff'd in part and rev'd in part, 203 F.3d 821 (4th Cir. 2000), reported in full-text format at 2000 U.S.App. LEXIS 465, at *3, 2000 WL 20591, at *1 ("The court also properly determined that the Piedmont Regional Jail is not a person' and is therefore not amenable to suit under § 1983[1"). A group of persons, like ConMed Medical, is not a "person" subject to 42 U.S.C. § 1983. See, e.g., Will v. Michigan Dep't of State Police , 491 U.S. 58, 70 (1989); Ferguson v. Morgan, No. 1:90cv06318 , 1991 U.S. Dist. LEXIS 8295, 1991 WL 115759, at *1 (S.D.N.Y. June 20, 1991) (concluding that a group of personnel, like "medical staff, " is not a "person" for purposes of § 1983). Even if Plaintiff intended "ConMed Medical" to refer to a non-corporeal entity, he failed to identify any policy, practice, or custom that violated a civil right. See, e.g., Monell v. Dep't of Soc. Servs. , 436 U.S. 658 (1978); Powell v. Shopco Laurel Co. , 678 F.2d 504, 506 (4th Cir. 1982). Accordingly, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.


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