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Stiltner v. McPeak

United States District Court, Western District of Virginia, Roanoke Division

July 24, 2014

JONATHAN REED STILTNER, Plaintiff,
v.
GERALD MCPEAK, et al. Defendants.

MEMORANDUM OPINION

Hon. Jackson L. Kiser Senior United States District Judge

Jonathan Reed Stiltner, a Virginia inmate proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 that names, inter alia, the Medical Department of the New River Valley Regional Jail as a defendant. 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, the "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 CI 989): 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 purposes of § 1983). Accordingly, any claims against the Medical Department are dismissed without prejudice, and the Medical Department is terminated as a defendant. This action remains pending against defendants Gerald McPeak, Dr. Moses, and Nurse Akers.


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