United States District Court, W.D. Virginia, Roanoke Division
E. Conrad Chief United States District Judge.
Uddin, a Virginia jail inmate proceeding pro se, filed this
civil rights action under 42 U.S.C. § 1983, alleging
inadequate medical care in jail. Upon review of the record,
the court finds that the action must be summarily dismissed.
states that he is incarcerated at the Northwestern Virginia
Regional Adult Detention Center ("the jail"). When
he complained to the medical staff about swollen and bleeding
gums in November 2016, a dentist assessed him on December 8
and said that his gum condition was normal. After Uddin
injured his elbow, a nurse examined him and said the elbow
was fractured or chipped, contrary to Uddin's belief, and
denied his request to go to the hospital for x-rays. At that
same visit, Uddin told the nurse that he needed an x-ray of
his stomach after drinking out-dated milk that made him
unable to eat for five meals. The nurse refused this request.
In addition, Uddin complains that he does not always receive
his prescribed medication for a back problem as scheduled,
and that he has not been sent to a hospital to be sure that
four lumps on his spine are not cancerous. Uddin also faults
staff for denying him free copies of his medical records.
jail's doctor allegedly prescribed weekly finger sticks
for a month for Uddin, who says that he is diabetic. Uddin
contends that the jail nurses only carried out one of these
finger sticks. He also allegedly complained on January 27,
2017, about a purplish toe being infected, but received no
medical follow up. On January 27, Uddin claims that he
"blacked out" and fell, striking his head on
concrete. When a nurse came to assess him, Uddin said that
the left side of his head was "throbbing." (Compl.
4, ECF No. 1.) The nurse told him, "[L]et me know if you
need anything else." (Id.) Uddin contends that
he should have been checked for a concussion.
§ 1983 complaint, filed February 16, 2017, Uddin sues
the jail. On the § 1983 form asking what relief he seeks
in this action, Uddin seeks "enadequate [sic] medical
care, race discrimination pain and suffering."
court is required to dismiss any action or claim filed by a
prisoner against a governmental entity or officer if the
court determines the action or claim is frivolous, malicious,
or fails to state a claim on which relief may be granted. 28
U.S.C. § 1915A(b)(1). A "frivolous" claim is
one that "lacks an arguable basis either in law or in
fact." Neitzke v. Williams, 490 U.S. 319, 325,
327 (1989) (interpreting "frivolous" in former
version of 28 U.S.C. § 1915(d)).
1983 permits an aggrieved party to file a civil action
against a person for actions taken under color of state law
that violated his constitutional rights. See Cooper v.
Sheehan, 735 F.3d 153, 158 (4th Cir. 2013). The only
entity that Uddin names as a defendant to his § 1983
claims is the jail itself. The jail, however, is not a
"person" subject to suit under § 1983.
McCoy v. Chesapeake Corr. Center, 788 F.Supp. 890,
893-94 (E.D. Va. 1992) (finding jail immune from suit and not
a person for purposes of § 1983). See also Ashcroft
v. Iqbal, 556 U.S. 662, 676 (2009) ("[A] plaintiff
must plead that each Government-official defendant, through
the official's own individual actions, has violated the
Constitution."). Because Uddin fails to state facts
regarding actions that any particular jail official undertook
in violation of his constitutional rights, Uddin's
complaint presents no legal or factual basis for a claim
actionable under § 1983.
stated reason, the court will summarily dismiss this action
without prejudice, pursuant to § 1915A(b)(1), as
frivolous. An appropriate order will enter this day.
Clerk is directed to send copies of this memorandum opinion
and accompanying order to plaintiff.
In any event, Uddin's current
allegations do not state any constitutional claim actionable
under § 1983 against anyone. He does not state facts
showing a serious medical need for treatment different than
he has received, and his disagreement with the medical
judgments of the jail's medical staff do not support any
constitutional claim. See Estelle v. Gamble. 429
U.S. 97, 102 (1976) (holding that only a prison
official's deliberate indifference to inmate's
serious medical needs violates the Eighth
Amendment); Germain v. Shearin, 531 F.App'x 392,
395 (4th Cir. 2013) (unpublished) (holding deliberate
indifference standard "is not satisfied by . . . mere
disagreement concerning '[q]uestions of medical
judgment'") (quoting Russell v. Sheffer.
528 F.2d 318, 319 (4th Cir. 1975)). See also Bowring v.
Godwin.551 F.2d 44, 48 (4th ...