Bush v. Phoebe Putney Memorial Hospital et al

Filing 11

ORDER adopting Report and Recommendations re 7 Report and Recommendations. Plaintiff's Objections at doc. 10 are overruled. Defendants Dougherty County SWAT Team, Dougherty County Jail, and Phoebe Putney Memorial Hospital are Ordered dismissed. Ordered by Judge W. Louis Sands on 6/16/2011 (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
KAWASKI L. BUSH,

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Plaintiff,
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v.
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Leading Office GEORGE CAMP, et al.,
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Defendants.
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____________________________________:

CASE NO.: 1:11-CV-64 (WLS)

ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge
Thomas Q. Langstaff, filed May 23, 2011. (Doc. 7). It is recommended that three Defendants
named in the pro se prisoner Plaintiff’s Complaint (Doc. 1) – the Dougherty County SWAT
Team, the Dougherty County Jail, and Phoebe Putney Memorial Hospital – be dismissed
pursuant to the required initial review performed under 28 U.S.C. § 1915A. (Doc. 7 at 2, 4-5).
Plaintiff filed a timely Objection pursuant to both Judge Langstaff’s Report and
Recommendation and 28 U.S.C. § 636(b)(1). (Doc. 10).
For the following reasons, the objections set forth in Plaintiff’s Objection (Doc. 10) are
OVERRULED and United States Magistrate Judge Langstaff’s May 23, 2011 Report and
Recommendation (Doc. 7) is ACCEPTED, ADOPTED and made the Order of this Court for
reason of the findings made and reasons stated therein together with the reasons stated and
conclusions reached herein. Accordingly, it is ORDERED that Defendants Dougherty County
SWAT Team, Dougherty County Jail, and Phoebe Putney Memorial Hospital are DISMISSED.
The portion of Plaintiff’s Objection addressing Judge Langstaff’s recommended
dismissal of Defendant Dougherty County SWAT Team is OVERRULED. The Court finds that

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Plaintiff makes no argument that county SWAT teams in Georgia should be considered legal
entities subject to suit under 42 U.S.C. § 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th
Cir. 1992) (“Sheriff’s departments and police departments are not usually considered legal
entities subject to suit.”); see also Lovelace v. Dekalb Cent. Prob., 144 Fed. App’x 793, 795
(11th Cir. 2005) (finding same under Georgia law). The Court finds that Plaintiff has failed to
rebut the legally sound recommendation of Judge Langstaff regarding the recommended
dismissal of Defendant Dougherty County SWAT Team.
The portion of Plaintiff’s Objection addressing Judge Langstaff’s recommended
dismissal of Defendant Dougherty County Jail is OVERRULED. The Court finds that Plaintiff
makes no argument that county jails in Georgia should be considered legal entities subject to suit
under 42 U.S.C. § 1983. See Brannon v. Thomas County Jail, 280 Fed. App’x 930, 934 n.1
(11th Cir. 2008) (holding that a “County Jail is not an entity capable of being sued under Georgia
law”). The Court finds that Plaintiff has failed to rebut the legally sound recommendation of
Judge Langstaff regarding the recommended dismissal of Defendant Dougherty County Jail.
Finally, the portion of Plaintiff’s Objection addressing Judge Langstaff’s recommended
dismissal of Defendant Phoebe Putney Memorial Hospital is OVERRULED. The Court finds
that Plaintiff makes no assertion that Defendant Phoebe Putney Memorial Hospital had a policy
or custom offensive to § 1983. See Buckner v. Toro, 116 F.3d 450, 452 (11th Cir. 1997) (“When
a private entity … contracts with a county to provide medical services to inmates, … it becomes
the functional equivalent of the municipality … [and] the requirement of a municipal policy or
custom constitutes an essential element of a § 1983 claim that a plaintiff must prove in order to
establish municipal liability.”). The Court finds that Plaintiff has failed to rebut the legally

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sound recommendation of Judge Langstaff regarding the recommended dismissal of Defendant
Phoebe Putney Memorial Hospital.
For the foregoing reasons, the objections set forth in Plaintiff’s Objection (Doc. 10) are
OVERRULED and United States Magistrate Judge Langstaff’s May 23, 2011 Report and
Recommendation (Doc. 7) is ACCEPTED, ADOPTED and made the Order of this Court for
reason of the findings made and reasons stated therein together with the reasons stated and
conclusions reached herein. Accordingly, it is ORDERED that Defendants Dougherty County
SWAT Team, Dougherty County Jail, and Phoebe Putney Memorial Hospital are DISMISSED.
SO ORDERED, this 16th day of June, 2011.

/s/ W. Louis Sands
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT

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