COLLINS v. GEO GROUP INC et al
ORDER ADOPTING 9 Report and Recommendations. Defendants Riverbend Correctional Facility, Warden Fredrick Head and Geo Group, Inc. are DISMISSED as parties to this action. The Plaintiff's claims against the remaining Defendants shall go forward. Ordered by Judge Marc Thomas Treadwell on 1/31/2013. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
TIMOTHY RENARD COLLINS,
GEO GROUP INC, et al.,
CIVIL ACTION NO. 5:12-CV-442 (MTT)
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 9). The Magistrate Judge, having reviewed the
Complaint pursuant to 28 U.S.C. § 1915A, recommends dismissing Defendant
Riverbend Correctional Facility because it is not an entity that can be sued under
§ 1983. The Magistrate Judge also recommends dismissing Defendants Warden
Fredrick Head and Geo Group, Inc. because the Plaintiff’s Complaint does not include
allegations connecting these Defendants to the alleged constitutional violations nor
does it allege the prerequisites for imposing supervisor liability. The Plaintiff filed an
objection to the Recommendation. (Doc. 10).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s
objections and has made a de novo determination of the portions of the
Recommendation to which the Plaintiff objects. The Plaintiff argues that Warden Head
and Geo Group, Inc. should not be dismissed because they have a responsibility to
ensure their employees are prepared for assaults by inmates on fellow inmates.
“Supervisory officials cannot be held liable under § 1983 for the unconstitutional actions
of their subordinates based on respondeat superior liability.” Gray v. Bostic, 458 F.3d
1295, 1308 (11th Cir. 2006) (internal citation omitted). Instead, “[a] claim based on
supervisory liability must allege that the supervisor: (1) instituted a custom or policy
which resulted in a violation of the plaintiff's constitutional rights; (2) directed his
subordinates to act unlawfully; or (3) failed to stop his subordinates from acting
unlawfully when he knew they would.” Gross v. White, 340 Fed. Appx. 527, 531 (11th
Cir. 2009) (citing Goebert v. Lee Cnty., 510 F.3d 1312, 1331 (11th Cir. 2007)). The
Plaintiff has not alleged any of these prerequisites necessary to sustain a claim against
Warden Head or Geo Group, Inc.
The Court accepts and adopts the findings, conclusions and recommendations of
the Magistrate Judge, and the Recommendation is adopted and made the order of this
Court. Defendants Riverbend Correctional Facility, Warden Fredrick Head and Geo
Group, Inc. are DISMISSED as parties to this action. The Plaintiff’s claims against the
remaining Defendants shall go forward.
SO ORDERED, this the 31st day of January, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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