Flournoy v. Duffie et al (INMATE 2)
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
SKIP DUFFIE, et al.,
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
unconstitutionally removed from a county work-release
This lawsuit is now before the court on the
recommendation of the United States Magistrate Judge that
objections to the recommendation.
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
Specifically, he contends he was discriminated against
‘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
Also, the magistrate judge correctly noted in his
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.
unavailing in light of the arguments he pursued in his
An appropriate judgment will be entered.
DONE, this the 3rd day of October, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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