Darryl Wayne Moreland, Jr. v. John Doe, et al.

Summary

The United States District Court for the Western District of Virginia screened Darryl Wayne Moreland, Jr.'s pro se 42 U.S.C. § 1983 complaint concerning injuries allegedly caused by a police dog during his arrest. The court concluded that the complaint failed to allege a personal connection between any named defendant and the alleged constitutional violation and directed that the deficiencies be corrected or the action dismissed.

Holdings

1. A § 1983 plaintiff must allege a personal connection between each defendant's actions and the alleged constitutional deprivation; blanket allegations that defendants collectively violated the plaintiff's rights are insufficient.
2. The complaint failed to state a claim under § 1983 because it did not allege facts showing that any identified defendant violated a constitutional right while acting under color of state law.

Questions Presented

1. Whether the complaint stated a claim under 42 U.S.C. § 1983 when it failed to identify the personal conduct of any particular defendant.
2. Whether the complaint should survive screening under 28 U.S.C. § 1915A.

Disposition

other