United States District Court, W.D. Virginia, Roanoke Division
October 20, 2014
REGINALD LEE ALLEN Plaintiff,
DANVILLE CITY JAIL, Defendant.
JACKSON L. KISER, Senior District Judge.
Reginald Lee Allen, a Virginia inmate proceeding pro se, filed a Complaint, pursuant to 42 U.S.C. § 1983, naming the Danville City Jail("Jail")as the defendant. In accordance with 28 U.S.C. § 1915A, I must dismiss the Complaint 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([.]"). Accordingly, the Complaint is dismissed without prejudice or failing to state a claim upon which relief may be granted.