Ball v. Southwest Va Regional Jail-Abingdon, 7:19-cv-00581

Plaintiff Jeremy Edward Ball, a Virginia inmate, sues the Southwest Virginia Regional Jail’s medical department under 42 U.S.C. § 1983 alleging denial of prescribed mood-stabilizing medication.
Ball states he previously received these medications while incarcerated and that the jail has his medical records, yet now refuses to continue them.
He seeks proper medical care and monetary relief for the alleged denial.
The court screened the complaint under 28 U.S.C. § 1915A and reviewed applicable Eighth Amendment standards for prison medical care.
The court dismissed the action without prejudice because the medical department (a non‑corporate group) is not a “person” under § 1983 and thus is not suable; it also noted that Ball’s allegations amount to a disagreement over treatment, not deliberate indifference.
The dismissal was without prejudice, allowing Ball to refile if he can name proper defendants and cure pleading defects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jail medical department is a "person" subject to suit under § 1983	Ball sues the jail’s medical department as the responsible entity for denying his meds	The medical department, as a group/department, is not a suable "person" under § 1983	Dismissed: the medical department is not a § 1983 defendant; complaint fails to state a claim against a proper defendant
Whether denial/refusal to provide plaintiff’s prior medications states an Eighth Amendment deliberate indifference claim	Ball alleges denial of prescribed mood‑stabilizing meds caused harm and constituted inadequate medical care	Jail medical staff allegedly changed treatment; any difference reflects medical judgment rather than unconstitutional indifference	Dismissed: allegations show a disagreement over treatment or at most negligence, not deliberate indifference; no constitutional claim pled

Cooper v. Sheehan, 735 F.3d 153 (4th Cir. 2013) (§ 1983 permits suits for constitutional violations under color of state law)
Vinnedge v. Gibbs, 550 F.2d 926 (4th Cir. 1977) (liability under § 1983 requires personal action by defendants; entities like departments may not be "persons")
Jackson v. Lightsey, 775 F.3d 170 (4th Cir. 2014) (deliberate indifference standard for prison medical claims under the Eighth Amendment)
Russell v. Sheffer, 528 F.2d 318 (4th Cir. 1975) (medical judgment disagreements do not establish constitutional violations)
Germain v. Shearin, [citation="531 F. App'x 392"] (4th Cir. 2013) (disagreement over medical treatment does not satisfy deliberate indifference)
Webb v. Hamidullah, [citation="281 F. App'x 159"] (4th Cir. 2008) (negligent diagnosis or treatment alone is insufficient for an Eighth Amendment claim)