Summary
In Thompson v. West Virginia Regional Jail/Correctional Authority, Civ. Act. No. 3:13-1897, 2013 WL 3282931 (S.D. W. Va. June 27, 2013), this Court noted that the first exception applies when a State waives its right to immunity and consents to being sued. 2013 WL 3282931, at *4 (citing Lapides v. Bd. of Regents Univ. Sys. of Ga., 535 U.S. 613, 618 (2002)).
Summary of this case from Porter v. W. Va. Reg'l Jail & Corr. Facility Auth.Opinion
CIVIL ACTION NO. 3:13-1897
06-27-2013
BARRY G. THOMPSON, Plaintiff, v. WEST VIRGINIA REGIONAL JAIL/CORRECTIONAL AUTHORITY, et al; WESTERN REGIONAL JAIL FACILITY, et al; MICHAEL CLARK; SERGENT LAMBERT; CORRECTIONAL OFFICER MANMETER; CORRECTIONAL OFFICER GOODWIN; and OTHER UNKNOWN CORRECTIONAL OFFICERS, Defendants.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Motion to Dismiss on Behalf of Defendants, West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail (ECF NO. 18) and the Amended Motion to Dismiss on Behalf of the Defendants (ECF No. 26), be granted; Plaintiff's Motion in Opposition to the Defendants' Motion (ECF No. 24), be denied; Plaintiff's complaint be dismissed, with prejudice, against the Western Virginia Jail & Correctional Facility Authority and the Western Regional Jail, but continue to pend against the remaining defendants; and the West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail be removed as defendants from the style of this civil action. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that the Motion to Dismiss on Behalf of Defendants, West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail (ECF NO. 18) and the Amended Motion to Dismiss on Behalf of the Defendants (ECF No. 26), be GRANTED; Plaintiff's Motion in Opposition to the Defendants' Motion (ECF No. 24), be DENIED; Plaintiff's complaint be DISMISSSES, WITH PREJUDICE, against the Western Virginia Jail & Correctional Facility Authority and the Western Regional Jail, but continue to pend against the remaining defendants; and the West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail be removed as defendants from the style of this civil action, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
________________________
ROBERT C. CHAMBERS, CHIEF JUDGE