Morrell v. McFarland

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Plaintiff brings this action, pursuant to 42 U.S.C. § 1983, against the Sheriff, Jailor, and Commissioners of Pleasants County, West Virginia, to recover both compensatory and punitive damages for personal injuries allegedly sustained during a fire at the Pleasants County Jail. Defendants move this Court to dismiss this action for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, and for failure to join an indispensable party, pursuant to Rule 12(b)(7), Federal Rules of…