Summary
The United States District Court for the Western District of Virginia screened Randall Lee Stacel’s pro se civil rights action under 28 U.S.C. § 1915(e). The court dismissed without prejudice the claims against Chatham Jail and Chatham, Virginia, because they are not persons subject to suit under 42 U.S.C. § 1983, while claims against Sgt. Worley and Officer Johnson remained.
Holdings
- Chatham Jail and Chatham, Virginia, are not persons subject to suit under § 1983 and therefore cannot be defendants on the claims alleged.
- The claims against Chatham Jail and Chatham, Virginia, were dismissed without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).
Questions Presented
- Whether the court was required to screen the in forma pauperis complaint under 28 U.S.C. § 1915(e).
- Whether Chatham Jail and Chatham, Virginia, are persons subject to suit under 42 U.S.C. § 1983.
- Whether the claims against Chatham Jail and Chatham, Virginia, should be dismissed for failure to state a claim.
Disposition
dismissed
Cases Cited (4)
- Eriline Co. S.A. v. Johnson, 440 F.3d 648, 656 (4th Cir. 2006)(followed)
- Haines v. Kerner, 404 U.S. 519, 520-21 (1972)(followed)
- Cooper v. Sheehan, 735 F.3d 153, 158 (4th Cir. 2013)(followed)
- Will v. Michigan Department of State Police, 491 U.S. 58 (1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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