Jackson v. Ronion et al

Filing 43

MEMORANDUM OPINION and ORDER. The court ADOPTS and ACCEPTS the Report and Recommendation. Mr. Jackson's claims against the defendants based on allegations that they placed a cell phone in his head, and engaged in devil worship, voodoo, and wit chcraft are DISMISSED WITH PREJUDICE as frivolous. The defendants' motions for summary judgment on Mr. Jackson's Eighth Amendment sexual assault claims against them in their official capacities for monetary relief are GRANTED and the claims are DISMISSED WITH PREJUDICE. The defendants motions for summary judgment on Mr. Jacksons Eighth Amendment sexual assault claims against them in their individual capacities for monetary relief are DENIED. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge Anna M Manasco on 9/24/2024. (KAM)

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FILED 2024 Sep-24 PM 02:05 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SILAS JACKSON, Plaintiff, v. CO RONION, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:22-cv-1111-AMM-JHE MEMORANDUM OPINION AND ORDER Plaintiff Silas Jackson filed a pro se second amended complaint pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Constitution or laws of the United States. Doc. 18. On July 26, 2024, the magistrate judge entered a report recommending the court: (1) dismiss Mr. Jackson’s claims against the defendants based on allegations that they placed a cell phone in his head, and engaged in devil worship, voodoo, and witchcraft as frivolous pursuant to 28 U.S.C. § 1915A(b)(1); (2) grant the defendants’ motions for summary judgment on Mr. Jackson’s Eighth Amendment sexual assault claims against them in their official capacities for monetary relief; and (3) deny the defendants’ motions for summary judgment on Mr. Jackson’s Eighth Amendment sexual assault claims against them in their individual capacities for monetary relief. Doc. 40. Although the court advised the parties of their right to file specific written objections within fourteen days, the court has not received any objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, it is ORDERED that: (1) Mr. Jackson’s claims against the defendants based on allegations that they placed a cell phone in his head, and engaged in devil worship, voodoo, and witchcraft are DISMISSED WITH PREJUDICE as frivolous pursuant to 28 U.S.C. § 1915A(b)(1); (2) The defendants’ motions for summary judgment on Mr. Jackson’s Eighth Amendment sexual assault claims against them in their official capacities for monetary relief are GRANTED and the claims are DISMISSED WITH PREJUDICE; and (3) The defendants’ motions for summary judgment on Mr. Jackson’s Eighth Amendment sexual assault claims against them in their individual capacities for monetary relief are DENIED. This matter is REFERRED to the magistrate judge for further proceedings. 2 DONE and ORDERED this 24th day of September, 2024. _________________________________ ANNA M. MANASCO UNITED STATES DISTRICT JUDGE 3

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