Johnson v. House
MEMORANDUM OPINION. Signed by Judge James H Hancock on 11/20/2013. (JLC)
2013 Nov-20 AM 11:42
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
Case No. 7:13-cv-00633-JHH-PWG
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on November 4, 2013,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. §
1915A(b) for failing to state a claim upon which relief may be granted. On November 13, 2013, the
plaintiff filed objections to the report and recommendation. The plaintiff disagrees with the court’s
finding that he failed to allege facts sufficient to show that defendant’s actions were done
maliciously and sadistically with the intent to cause pain and/or humiliation in violation of his Eighth
Having carefully reviewed and considered de novo all the materials in the court file,
including the report and recommendation and the objections thereto, the Court is of the opinion that
the magistrate judge's report is due to be and is hereby ADOPTED and the recommendation is
ACCEPTED. The court concurs with the magistrate judge’s findings that the plaintiff failed to
allege facts sufficient to demonstrate that the defendant had a subjectively culpable state of mind
when she grabbed the plaintiff’s penis and pulled it through a hole in his pants; in his complaint, the
plaintiff himself states that she did so in order to show the correctional officers how she believed
him to have been masturbating in her presence. Moreover, the court also concurs with the magistrate
judge’s conclusion that, although the touching of the plaintiff by the defendant was certainly
inappropriate and unprofessional, the one isolated incident as described by the plaintiff was not
repugnant to the conscience of humanity, and thus did not rise to the level of a constitutional harm.
Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for
failing to state a claim upon which relief may be granted. A Final Judgment will be entered.
DONE this the
day of November, 2013.
SENIOR UNITED STATES DISTRICT JUDGE
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