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Smith v. Fauquier County Adult Detention Center

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

May 1, 2014

ERIC ROBERT SMITH, Plaintiff,
v.
FAUQUIER COUNTY ADULT DETENTION CENTER, Defendant.

MEMORANDUM OPINION

JAMES C. TURK, Senior District Judge.

Eric Robert Smith, a Virginia inmate proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983 naming the Fauquier County Adult Detention Center ("Jail") as the sole defendant. The court must dismiss the Complaint because Plaintiff fails to name a person acting under color of state law as a defendant. See, e.g., West v. Atkins , 487 U.S. 42, 48 (1988). Plaintiff names only the Jail as a defendant, which is not amenable to suit via § 1983. See 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[.]"). Accordingly, Plaintiff presently fails to state a claim upon which relief may be granted, and the court dismisses the Complaint without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1).


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