Jimmy Dakota Lee Hess v. SWVRJ-Haysi Facility et al.

Summary

The United States District Court for the Western District of Virginia addresses a motion to dismiss claims brought under 42 U.S.C. § 1983 by incarcerated plaintiff Jimmy Dakota Lee Hess. The court permits Hess’s Eighth Amendment excessive-force claim against Sergeant Perrigan and Corporal Rasnick to proceed, but dismisses his verbal sexual-harassment and verbal-threat claims and dismisses the Southwest Virginia Regional Jail-Haysi Facility as a defendant. The court also denies Hess’s requests for transfer to a Virginia Department of Corrections facility.

Holdings

1. Hess plausibly alleged an Eighth Amendment excessive force claim, and the absence of a specifically alleged injury did not require dismissal at the pleading stage.
2. Hess's claim based on a single verbal sexual comment did not state a plausible claim for relief and was dismissed.
3. Hess's claim based on Perrigan's verbal threat, taunting, and harassment did not state a plausible constitutional claim and was dismissed.
4. SWVRJ-Haysi Facility is not a person subject to suit under § 1983 and was dismissed from the action.
5. Hess was not entitled to a preliminary injunction or temporary restraining order requiring transfer to a Virginia Department of Corrections facility.

Questions Presented

1. Whether Hess plausibly alleged an Eighth Amendment excessive force claim despite failing to allege a specific injury.
2. Whether Hess plausibly alleged Eighth Amendment claims based on an isolated sexual comment and subsequent verbal threats or harassment.
3. Whether SWVRJ-Haysi Facility is a suable person under 42 U.S.C. § 1983.
4. Whether Hess was entitled to preliminary injunctive or temporary restraining relief requiring transfer to a Virginia Department of Corrections facility.

Disposition

other