RICKERSON v. CORRECTIONS CORPORATION OF AMERICA

Filing 24

ORDER adopting 13 Report and Recommendation. Signed by CHIEF JUDGE M CASEY RODGERS on 3/22/2012. The ADA claims against defendants Gills, Kats-Kagan, Doyle, and CCA are DISMISSED for failure to state a claim. The ADA claim ag ainst defendant Harvey in her individual capacity is DISMISSED for failure to state a claim. The § 1983 claims against the Florida Department of Corrections (DOC) are DISMISSED for failure to state a claim. The § 1983 claims against def endant Harvey in her individual or official capacities are DISMISSED for failure to state a claim. The claims for § 1983 damages against defendants Gills, Kats-Kagan and Doyle in their official capacities are DISMISSED for failure to state a claim. The Florida Department of Management Services (DMS) are DISMISSED as a party to this suit because plaintiff has failed to state a claim against DMS. The only ADA claims that may go forward are plaintiffs claims against theDOC and defendant Harvey in her official capacity. The only § 1983 claims that may goforward are plaintiffs claim against CCA; against defendants Gills, Kats-Kagan, and Doyle in their official capacities, but only to the extent plaintiff seeks prospective injunctive relief; and against defendants Gills, Kats-Kagan, and Doyle in their individual capacities. (kdm)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

KENNETH E. RICKERSON,
Plaintiff,
v.

CASE NO. 5:11cv279-MP-GRJ

S. GILLS, et al.,
Defendants.
/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated February 8, 2012. (Doc. 13). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

The ADA claims against defendants Gills, Kats-Kagan, Doyle, and CCA are

DISMISSED for failure to state a claim.
3.

The ADA claim against defendant Harvey in her individual capacity is

DISMISSED for failure to state a claim.
4.

The § 1983 claims against the Florida Department of Corrections (DOC) are

DISMISSED for failure to state a claim.
5.

The § 1983 claims against defendant Harvey in her individual or official

capacities are DISMISSED for failure to state a claim.

Page 2 of 2

6.

The claims for § 1983 damages against defendants Gills, Kats-Kagan and

Doyle in their official capacities are DISMISSED for failure to state a claim.
7.

The Florida Department of Management Services (DMS) are DISMISSED as

a party to this suit because plaintiff has failed to state a claim against DMS.
8.

The only ADA claims that may go forward are plaintiff’s claims against the

DOC and defendant Harvey in her official capacity. The only § 1983 claims that may go
forward are plaintiff’s claim against CCA; against defendants Gills, Kats-Kagan, and Doyle
in their official capacities, but only to the extent plaintiff seeks prospective injunctive relief;
and against defendants Gills, Kats-Kagan, and Doyle in their individual capacities.
DONE and ORDERED this 22nd day of March, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 5:11cv279-MP-GRJ