Flournoy v. Duffie et al (INMATE 2)

Filing 53

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/3/2012. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

DONNELL FLOURNOY,

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Plaintiff,
v.
SKIP DUFFIE, et al.,
Defendants.

CIVIL ACTION NO.
1:10cv104-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate,

filed

this

lawsuit

claiming

that

he

was

unconstitutionally removed from a county work-release
program.

This lawsuit is now before the court on the

recommendation of the United States Magistrate Judge that
defendants’

motions

granted.

Also

for

before

summary
the

judgment

court

objections to the recommendation.

are

should

be

plaintiff’s

After an independent

and de novo review of the record, the court concludes

that plaintiff’s objection should be overruled and the
magistrate judge’s recommendation adopted.
The court notes that plaintiff introduces in his
objections a new basis for his equal-protection claim, a
basis

that

was

not

presented

in

his

complaint.

Specifically, he contends he was discriminated against
due

to

his

race

(African-American).

While

his

‘conclusory’ allegation of an equal-protection violation
on this basis is insufficient in and of itself, he
claimed in his complaint only that he was discriminated
against on the basis of his disabilities. The court found
no merit to his discrimination claim on this basis, and
his

conclusory

race

claim

also

lacks

merit

and

is

untimely.
Also, the magistrate judge correctly noted in his
recommendation

that

plaintiff

had

abandoned

any

allegations he attempted to present in his complaint
based on violations of the ADA, the "Handicapped Act," or
the "Social Security Act" as his opposition made clear he
was litigating his claims regarding a denial of due

process and violations of the equal protection clause due
to his disabilities as it concerned the revocation of his
probation with the county work release program.
extent

plaintiff

argues

otherwise,

such

To the

argument

is

unavailing in light of the arguments he pursued in his
opposition.
An appropriate judgment will be entered.
DONE, this the 3rd day of October, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE