Raven Blackheart v. J. Harrison, et al.

Summary

The United States District Court for the Western District of Virginia dismisses Raven Blackheart’s amended 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915A(b)(1). The court concludes that the former cellmate was not acting under color of state law, the Prison Rape Elimination Act does not provide a private cause of action, and the allegations against prison officials do not establish a constitutional violation or deliberate indifference. The court also rejects claims based on inadequate investigation, medical treatment, and supervisory liability.

Holdings

1. The former cellmate was not subject to liability under § 1983 because the amended complaint did not allege that the cellmate acted under color of state law.
2. The Prison Rape Elimination Act does not create a private cause of action for allegations of prison rape.
3. The alleged failure of prison officials to investigate the assault or resolve Blackheart's grievances did not state a cognizable constitutional claim.
4. The amended complaint did not state an Eighth Amendment failure-to-protect claim because it did not plausibly allege that any prison official had actual knowledge of and deliberately disregarded an excessive risk to Blackheart's safety.
5. The allegations concerning the failure to obtain hospital DNA testing or additional evidence collection did not state an Eighth Amendment deliberate-indifference claim.
6. The warden could not be held liable under § 1983 solely because of a supervisory position where the complaint failed to allege an underlying constitutional violation.

Questions Presented

1. Whether the former cellmate could be liable under 42 U.S.C. § 1983 absent allegations that the cellmate acted under color of state law.
2. Whether the Prison Rape Elimination Act creates a private cause of action for an alleged prison rape.
3. Whether prison officials' alleged failure to investigate or prosecute the assault stated a constitutional claim.
4. Whether the allegations stated an Eighth Amendment failure-to-protect or deliberate-indifference claim against prison officials.
5. Whether the allegations stated an Eighth Amendment deliberate-indifference-to-medical-needs claim based on the failure to obtain hospital DNA testing or other evidence collection.

Disposition

dismissed