Carter v. Georgia Department of Corrections et al

Filing 22

ORDER adopting 5 Report and Recommendations. Ordered by Judge Hugh Lawson on 05/12/10. (mbh)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION TH O M AS MONROE CARTER, : : Plaintiff, : : : : v. : : G E O R G IA DEPT. OF : C O R R E C TIO N S , et al., : : D e fe n d a n ts . : _______________________________ :

C ivil Action No. 5 :0 9 -C V -1 31 (HL)

ORDER B e fo re the Court is the Recommendation (Doc. 5) entered on January 26, 2 0 1 0 , of United States Magistrate Judge Claude W. Hicks, Jr., in which the Magistrate Ju d g e recommends that Plaintiff's complaint against the Georgia Department of C o rre ctio n s , Johnson State Prison, the Medical College of Georgia, and James E. D o n ald be dismissed. Plaintiff has filed an objection (Doc. 14). Pursuant to 28 U.S.C. § 636(b)(1), the C o u rt has thoroughly considered Plaintiff's objection and has made a de novo d e term in atio n of the portion of the Recommendation to which he objects. After close co n sid e ratio n , the Court accepts and adopts the findings, conclusions, and re com m e n da tio ns of the Magistrate Judge. Because Plaintiff's objection raises an issue not thoroughly explained by the M a g istra te Judge and an additional issue not presented to the Magistrate Judge, the

Court provides in this Order an explanation for why it adopts the Magistrate Judge's R e c o m m e n d a ti o n . P lain tiff's complaint alleges that while incarcerated at Johnson State Prison, the d e fen d a n ts denied him medical treatment for his glaucoma, which caused his him to b e co m e blind. In his objection, Plaintiff contends that the Georgia Department of C o rre ctio n s , Johnson State Prison, and the Medical College of Georgia are co n sid e red "persons" within the meaning of 42 U.S.C. § 1983 and the Americans With D isab ilitie s Act ("ADA") and should be not dismissed from his case. T h e Georgia Department of Corrections, Johnson State Prison, and the M e d ica l College of Georgia are considered arms of the state. Therefore, the Eleventh A m e n d m e n t protects these defendants from Plaintiff's § 1983 suit. See Stevens v. G a y, 864 F.2d 113, 115 (11th Cir. 1989) (explaining that in plaintiff's § 1983 action "[t]h e Eleventh Amendment bars this action against the Georgia Department of C o rre ctio n s ); Padgett v. Ferrero, 294 F. Supp. 2d 1338, 1341 (N.D. Ga. 2003) ("The E leve n th Amendment bars suit against states and those entities which are arms of th e state. An entity is an arm of the state when the relief sought against the named d e fen d a n t would actually operate against the state if granted.") (citations omitted); M a rz e c v. Toulson, No. CV 103-185, 2007 WL 1035136, at *3 (S.D. Ga. Mar. 30, 2 0 0 7 ) (stating that courts have found that the Medical College of Georgia, as the B o a rd of Regents of the University System of Georgia, is an arm of the state). A s for Plaintiff's reference to the ADA, it is correct that Title II of the ADA

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abrogates Eleventh Amendment immunity for state entities. United States v. Georgia, 5 4 6 U.S. 151, 159,126 S. Ct. 877, 882,163 L.Ed.2d 650 (2006). To state a Title II A D A prima facie case, a plaintiff must show that a public entity discriminated against h im on the basis of his qualifying disability.1 42 U.S.C. § 12132. H e re , Plaintiff's complaint alleges inadequate medical treatment of his

g la uco m a , but it does not allege that he suffered any discrimination on the basis of h is glaucoma nor does his complaint allege facts sufficient to show that the d e fen d a n ts denied him access to medical treatment "by reason of" his alleged d isa bilities. He therefore has failed to state an ADA claim. For these reasons and the reasons stated in the Magistrate Judge's R e com m e n d a tio n , Defendants Georgia Department of Corrections, Johnson State P riso n , and the Medical College of Georgia are dismissed from Plaintiff's action. Defendant James E. Donald is dismissed for the reasons stated in the Magistrate Ju d g e 's Recommendation. S O ORDERED, this the 12th day of May, 2010.

/s/ Hugh Lawson HUGH LAWSON, SENIOR JUDGE

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A public entity includes "any State or local government" and "any department, a g e n c y, . . . or other instrumentality of a State. . . . ." 42 U.S.C. § 12131(1). State p ris o n s are considered public entities. Georgia, 546 U.S. at 154,126 S. Ct. at 879.

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