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Allen v. Danville City Jail

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

October 20, 2014

REGINALD LEE ALLEN Plaintiff,
v.
DANVILLE CITY JAIL, Defendant.

MEMORANDUM OPINION

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.


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