United States District Court, Western District of Virginia, Roanoke Division
July 25, 2014
REGINALD L. ALLEN, Plaintiff,
DANVILLE CITY JAIL, et al., Defendants.
Hon. Jackson L. Kiser Senior United States District Judge
Reginald L. Allen, a Virginia inmate proceeding pro se, filed a Complaint, pursuant to 42 U.S.C. § 1983, naming as defendants the Danville City Jail ("Jail"), Sheriff Mike Mondul, Major Matthew Wyatt, and Captain Martin. This matter is before me for screening, pursuant to 28 U.S.C. § 1915A. After reviewing Plaintiffs submissions, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.
Plaintiff alleges that the Jail refuses to send him to the Danville Adult Detention Center, in accordance with an order from the Circuit Court for the City of Danville, because the Jail is trying to profit from Plaintiffs incarceration. Plaintiff also alleges that the Jail discriminates against black inmates by incarcerating white inmates in more comfortable dormitories.
The court 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); McCoy v. Chesapeake Corr. Ctr., 788 F.Supp. 890, 894 (E.D. Va. 1992) (reasoning local jails are not appropriate defendants to § 1983 actions). Plaintiff also fails to allege any act or omission by any other defendant, and §1983 requires a showing of personal fault on the part of a defendant either based on the defendant's personal conduct or another's conduct in execution of the defendant's policies or customs. See, e.g., Fisher v. Washington Metro. Area Transit Author., 690 F.2d 1133, 1142-43 (4th Cir. 1982), abrogated on other grounds by Cnty. of Riverside v. McLaughlin, 500 U.S. 44 (1991). Accordingly, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.