United States District Court, W.D. Virginia, Roanoke Division
August 1, 2014
MICHELET SAINT LOUIS, Plaintiff,
ROANOKE CITY JAIL MEDICAL CLINIC, et al., Defendants.
JACKSON L. KISER, District Judge.
Michelet Saint Louis, a Virginia inmate proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 that ostensibly names as defendants the Roanoke City Jail ("Jail") Medical Clinic, Dr. Powell of the Roanoke Memorial Hospital ("Hospital"), and Dr. Ali of the Con-Med Clinic at the Jail. Plaintiff complains about the medical care he received at the Hospital and the Jail while incarcerated. This matter is before the court for screening, pursuant to 42 U.S.C. § 1997e(c). After reviewing the record, I dismiss the claims against the Jail Medical Clinic without prejudice and terminate the Jail Medical Clinic and Dr. Powell as defendants.
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(0(2), 1915A(b)(1); 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). Plaintiff does not allege any facts about Dr. Powell, and the Jail's Medical Clinic, which is merely a location or department inside the Jail, is not a "person" for purposes of § 1983. See, e.g., McCoy v. Chesapeake Con. Ctr. , 788 F.Supp. 890, 894 (RD. Va. 1992) (reasoning local jails are not appropriate defendants to § 1983 actions); 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 the Otisville Correctional Facility Medical Staff is not a person for purposes of § 1983). Accordingly, Plaintiff fails to state a claim against the Jail Medical Clinic upon which relief may be granted, and Dr. Powell and the Jail Medical Clinic are terminated as defendants. This action remains pending against Dr. Ali.